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Where can I find the Dutch law for consumer rights regarding "rights to repair".

In UK, manufacturers are entitled to a repair or replacement or refund where goods are faulty for 6 years (even after the warranty period of 2 years)

My laptop has charging issue, I would like to know my rights.

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First of all, how old is it?

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  • eric.1
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Warranty theoretically depends on the average lifespan of a product. This warranty is not "given" by the manufacturers, but the (re)sellers.

Problems; contact the company where you bought the laptop.

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In the Netherlands and most other countries your warranty is provided by the seller of the product. You have no legal relationship to the manufacturer, you should always deal with the shop where you bought the product, unless for example it does not exist anymore. There are 2 types of warranty: legal warranty and additional warranty.

If you want to figure out your rights you have to start with the latter. Additional warranty is provided by the retailer (sometimes also manufacturer) and is optional, although pretty much all shops have it. Usually it depends on the product. Very often this is a 2 years period for consumer electronics like laptops. If something brakes within that period you have a right to repair or replacement (equal or better) and if neither is possible a full refund (unless the seller can prove it is your fault which is difficult).

If there is no additional warranty provided or it has expired you have to fall back to the mandatory legal warranty. As a rule, if anything brakes within six months the law assumes the product had a defect when you bought it, which means full repair, replacement or refund.

Here is where it gets complicated. If you suffer any defect and all additional warranty has expired and 6 months has passed, you get into the mandatory legal warranty period for consumers. This is based on what reasonable expectations a consumer may have had of the product at the time it was bought.
This can be open for debate. For example, an off brand old model Chinese phone has a different reasonably expected lifetime than a brand new > 1000 euro iPhone. It can get complicated in court, but usually it doesn’t have to go this far. My estimate for a laptop is you’d probably end up with a five year period, maybe a little more if it is a top model and a little less if it is budget.

It could also be difficult in that you have to prove that the defect is caused by the other party. Taking this into account sellers may ask you to pay a part of the repair costs, usually a percentage equal to the percentage of reasonable expected time that has passed, but you should start by asking for a full repair due to the device having a defect that is not caused by you within in legal warranty period.

I hope this helps, good luck.

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Did you bought the laptop new at a Dutch shop? Than you're entitled by warranty for the 'to be expected life span' of the laptop. (for a 300 euro netbook this can be 2 years, for a high end Macbook this might 5 years, the exact amount of years are not crafted in stone) This warranty is given by the shop, not by anybody else. (also including manufacturer, importer, wholesaler and so on)

During the first 6 months of the warranty the shop has to prove that you didn't cause the failure. If they can not prove that you caused the failure they have to repair or replace your product. After those six months you need to prove that you didn't do anything that caused the failure.
However, at most shops if you bring in your laptop which is <2 years old they will automatically repair or replace.

If you bought the laptop at a shop which does not exist anymore, or through an auction than there is no warranty... You can try to contact the manufacturer to arrange something, but they are not forced to help you.

If you bought the laptop outside the Netherlands (like Amazon) the Dutch law isn't always valid.

Most important; where did you bought the laptop? Was it new or second hand? When did you bought it, and for what price?

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https://europa.eu/youreur...tees-returns/index_en.htm


"Under EU rules you always have the right to a minimum 2-year guarantee at no cost, regardless of whether you bought your goods online, in a shop or by mail order.

This 2-year guarantee is your minimum right. National rules in your country may give you extra protection: however, any deviation from EU rules must always be in the consumer's best interest.

If goods you bought anywhere in the EU turn out to be faulty or do not look or work as advertised, the seller must repair or replace them free of charge or give you a price reduction or a full refund.

As a general rule, you will only be able to ask for a partial or full refund when it is not possible to repair or replace the goods."

Also check this website for the Dutch rules:
https://europa.eu/youreur.../netherlands/index_en.htm

Basically it's a minimum of 2 years warranty unless the reseller/manufacturer stated otherwise. By European law is not allowed to be less than these 2 years.

[ Voor 16% gewijzigd door davidoss op 11-09-2018 09:52 . Reden: Added the Dutch laws ]

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I would like to know ,
1 -Where can I give back my Asus Rog Laptop that I bought from Mediamarkt 5 years ago to fix the battery unit.
2- What are my rights if they refuse to repair even if I am OK to give any money they ask for repair. Because I know that by law they have to be able to keep replacement parts and to be able to repair for some years in other countries. (UK, 6 years)

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Verwijderd schreef op dinsdag 11 september 2018 @ 10:13:
I would like to know ,
1 -Where can I give back my Asus Rog Laptop that I bought from Mediamarkt 5 years ago to fix the battery unit.
2- What are my rights if they refuse to repair even if I am OK to give any money they ask for repair. Because I know that by law they have to be able to keep replacement parts and to be able to repair for some years in other countries. (UK, 6 years)
Is the issue the battery or the charger? As you can simply not expect a battery to last for 5 years and you will have no rights for this:

https://blog.iusmentis.co...ke-garantie-conformiteit/ (in Dutch)

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To be completely honest five years is quite steep. You have right on a working product based on the expectations of the product.
A fridge that breaks down after two years isn't fair and you should be compensated. A laptop of 400€ that breaks down after three years will not be compensated. Further more we only have 'should be' rules that aren't black and white as law. It's a grey area based on your writing and persuasion skills and the willingness of the company.

A battery with five years will not be fixed nor will they be compensated. Don't waste your time and buy a new one yourself. Both the battery and the charger should be available on Ebay or Amazon quite widely.

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But lets concentrate on the simple question.

I would like to PAY a lot of MONEY and get it fixed. I want to know my rights. Does anybody know the law for how long the manufacturer needs to be able to repair product? Please only focus on this question.


PS: a friend in Turkey get 2000 Eur after 5 years, because ASUS needs to be able to fix it and charge you money for this. Battery did not wear out, it is a common problem, it never charges due to a broken pin or something. Yes I should have replaced earlier but I could not afford the waiting time, it is a 4,5kg laptop I do not change its location so I did not have a problem with this.The battery unit is not visible, cannot be removed. It is like this for 4 years.

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Verwijderd schreef op dinsdag 11 september 2018 @ 10:13:
I would like to know ,
1 -Where can I give back my Asus Rog Laptop that I bought from Mediamarkt 5 years ago to fix the battery unit.
2- What are my rights if they refuse to repair even if I am OK to give any money they ask for repair. Because I know that by law they have to be able to keep replacement parts and to be able to repair for some years in other countries. (UK, 6 years)
Batteries are the kind of products that degrade (by use of it) over time. You can't get expect Mediamarkt to repair the batteries when the laptop (and therefore the batteries) is 5 years old.
Verwijderd schreef op dinsdag 11 september 2018 @ 10:47:
But lets concentrate on the simple question.

I would like to PAY a lot of MONEY and get it fixed. I want to know my rights. Does anybody know the law for how long the manufacturer needs to be able to repair product? Please only focus on this question.
Quickest way to get it working again, is to buy the same type of battery from eBay or something like that.

[ Voor 56% gewijzigd door CH4OS op 11-09-2018 10:52 ]


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CH4OS schreef op dinsdag 11 september 2018 @ 10:51:
[...]
Batteries are the kind of products that degrade (by use of it) over time. You can't get expect Mediamarkt to repair the batteries when the laptop (and therefore the batteries) is 5 years old.
If he's willing to just pay for the replacement, I doubt they'll mind at least checking it out for him.

@Verwijderd, in the Netherlands there's relatively little of that burden placed on manufacturers and more on the resellers (MediaMarkt in your case). While you're legally not standing that strong for a warranty replacement, since you're willing to pay for the replacement I doubt they'll send you away empty handed.

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Verwijderd schreef op dinsdag 11 september 2018 @ 10:47:
But lets concentrate on the simple question.

I would like to PAY a lot of MONEY and get it fixed. I want to know my rights. Does anybody know the law for how long the manufacturer needs to be able to repair product? Please only focus on this question.


PS: a friend in Turkey get 2000 Eur after 5 years, because ASUS needs to be able to fix it and charge you money for this. Battery did not wear out, it is a common problem, it never charges due to a broken pin or something. Yes I should have replaced earlier but I could not afford the waiting time, it is a 4,5kg laptop I do not change its location so I did not have a problem with this.The battery unit is not visible, cannot be removed. It is like this for 4 years.
They need to be able to repair it within its expected lifespan, which after 5 years for a battery, is definitely over.

You will not receive 2000euro from Asus for not being able to repair it, not in NL.

If you are "willing" to pay a lot of money to repair it, there are plenty of independent PC repair shops that can replace the battery for you.

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Dear Guys,

Thank you for your time to assist me, these are all valuable responses but as you can see my question is not replied yet.

What is the exact number that the law says " that the reseller or the manufacturer has to repair it and charge money for this"

There is a law for this in every country, you can not throw a washing machine or laptop after two years, this a law , this is consumer rights. I am asking the official law, they have to repair it, this is called "right to repair" or something.


@Verwijderd no I do not want to give it to a random PC repair shop without knowing my rights. I want to give the laptop to Mediamarkt or Asus, give 500 Euro for all the costs of the replacement and take my laptop back.

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Have you tried contacting Mediamarkt yet? They can exactly tell you what their (im)possibilities are.
Bottomline is; you can't get it fixed under warranty and you are willing to pay. Then my guess is that you and Mediamarkt can work it out together just fine.

[ Voor 35% gewijzigd door CH4OS op 11-09-2018 11:11 ]


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Verwijderd schreef op dinsdag 11 september 2018 @ 11:08:
There is a law for this in every country, you can not throw a washing machine or laptop after two years, this a law , this is consumer rights. I am asking the official law, they have to repair it, this is called "right to repair" or something.
Simple answer: no, there is no law for this in the Netherlands. This could explain why no one is able to answer your question.

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Do you mean http://www.legislation.go...15/15/section/23/enacted# ? The more or less comparable Dutch law would be http://wetten.overheid.nl...deel1_Afdeling3_Artikel21

But of course there are more related laws and regulations. If you are more specific, answers are usually easier to find.

As for the question: 'What is the exact number that the law says " that the reseller or the manufacturer has to repair it and charge money for this" '
It does not exist, AFAIK

[ Voor 15% gewijzigd door begintmeta op 11-09-2018 11:22 ]


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You mean a duty (verplichting) to repair. And no, they don't as far as I am aware

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gambieter schreef op dinsdag 11 september 2018 @ 11:21:
You mean a duty (verplichting) to repair. And no, they don't as far as I am aware
As far as I know there is no UK or Dutch legislation which enforces keeping of for example spare parts to create a possibility to repair goods during a certain period. I believe in at least in German jurisprudence, a period in which a seller/manufacturer should keep spare parts is derived from the expected duration of use of that item, but also no specific laws or periods are enacted. Also there probably is always the 'escape' of paying damages and/or replacing the goods with suitable replacements.

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Verwijderd schreef op dinsdag 11 september 2018 @ 10:47:
Does anybody know the law for how long the manufacturer needs to be able to repair product?
On consumer electronics there are no such laws. Different story for automotive, this is mandated by standards that the cars have to comply to. Also for military, railway and aerospace products these terms are often established by contract.

If you want your laptop repaired, go to a repair shop.

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Verwijderd schreef op dinsdag 11 september 2018 @ 11:08:
Dear Guys,

Thank you for your time to assist me, these are all valuable responses but as you can see my question is not replied yet.

What is the exact number that the law says " that the reseller or the manufacturer has to repair it and charge money for this"

There is a law for this in every country, you can not throw a washing machine or laptop after two years, this a law , this is consumer rights. I am asking the official law, they have to repair it, this is called "right to repair" or something.


@Verwijderd no I do not want to give it to a random PC repair shop without knowing my rights. I want to give the laptop to Mediamarkt or Asus, give 500 Euro for all the costs of the replacement and take my laptop back.
You can keep trying to kick a stone that doesnt move, but it simply doesnt exist. Only "verwachte levensduur" aka expected lifetime would be something vaguely similar to what you mean, but what you are looking for doesnt exist in Netherlands.

Im also pretty sure now, you dont "want" to give 500 euro to get your laptop repaired,because then you wouldve already done it elsewhere. What you want is to get money from Asus for not repairing your laptop, which you wont get.

Time to move on with life. Stop making your own life hard, get it repaired elsewhere.

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jeroen3 schreef op dinsdag 11 september 2018 @ 11:31:
...
On consumer electronics there are no such laws. Different story for automotive, this is mandated by standards that the cars have to comply to. Also for military, railway and aerospace products these terms are often established by contract.
True, in standards and contracts there are often passages stipulating that kind of thing, also there are reasonable expectations in general which might matter in specific cases (especially for complicated machinery).

[ Voor 3% gewijzigd door begintmeta op 11-09-2018 11:39 ]


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I called Mediamarkt, they are going to take it and send it to Asus, and give me a replacement cost notification problem solved.

I should have called Mediamarkt earlier. Sorry for your time.

@Verwijderd Thats called bad manners, Please do not make assumptions on people you dont know. I paid 255Eur for my watch repair, and 350+ for my bike repair in this summer. I do not hide anything just like I do not hide my name on the forums. I can give you my private number and explain. I would rather give 500 eur and get a very good laptop and buy a 500Eur garbage laptop. Original huge Battery + repair price + transportation in the official store will take a lot of money. I have very bad experience with repair shops.

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Verwijderd schreef op dinsdag 11 september 2018 @ 11:54:
I called Mediamarkt, they are going to take it and send it to Asus, and give me a replacement cost notification problem solved.

I should have called Mediamarkt earlier. Sorry for your time.

@Verwijderd Thats called bad manners, Please do not make assumptions on people you dont know. I paid 255Eur for my watch repair, and 350+ for my bike repair in this summer. I do not hide anything just like I do not hide my name on the forums. I can give you my private number and explain. I would rather give 500 eur and get a very good laptop and buy a 500Eur garbage laptop. Original huge Battery + repair price + transportation in the official store will take a lot of money. I have very bad experience with repair shops.
In that case you shouldve been much, much clearer.

Why on gods green earth would you start to complain about your legal rights here if you havent even TRIED contacting the shop and or Asus.

Talk about bad manners

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One more thing with regard to your question: the period of 6 years in the UK England and Wales is derived from the Limitation Act 1980, which specifies a period of 6 years to make your claim. In the Netherlands, there is no such limit (in this case, in many other cases there are limits (verjaringstermijnen) of course), but a ruling will be made for the specific case, based on the reasonable expectations underlying the contract.

[ Voor 11% gewijzigd door begintmeta op 11-09-2018 12:04 ]


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Verwijderd schreef op dinsdag 11 september 2018 @ 11:54:
I called Mediamarkt, they are going to take it and send it to Asus, and give me a replacement cost notification problem solved.

I should have called Mediamarkt earlier. Sorry for your time.

@Verwijderd Thats called bad manners, Please do not make assumptions on people you dont know. I paid 255Eur for my watch repair, and 350+ for my bike repair in this summer. I do not hide anything just like I do not hide my name on the forums. I can give you my private number and explain. I would rather give 500 eur and get a very good laptop and buy a 500Eur garbage laptop. Original huge Battery + repair price + transportation in the official store will take a lot of money. I have very bad experience with repair shops.
It's hard to imagine what 5yr old ASUS laptop is still worth it to spend € 500 on repairs on. Isn't it better (in the long run) to simply save that money for a new laptop.

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@Verwijderd Thats a good question , here is the explanation =>

What if 2 weeks later ASUS through Mediamarkt tells me "They cannot repair it". It is a very possible scenario which is happened in Turkey.

in Turkey ASUS said to my friend they cannot repair it, they do not have the replacement parts, (the problem is not in the battery, they cannot just replace battery). If ASUS cannot repair the laptop probably a random PC repair shop also cannot fix it due to missing replacement part. Then I have a 2000 Euro laptop that cannot be moved.

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Verwijderd schreef op dinsdag 11 september 2018 @ 10:13:
I would like to know ,
1 -Where can I give back my Asus Rog Laptop that I bought from Mediamarkt 5 years ago to fix the battery unit.
2- What are my rights if they refuse to repair even if I am OK to give any money they ask for repair. Because I know that by law they have to be able to keep replacement parts and to be able to repair for some years in other countries. (UK, 6 years)
Why would they refuse to repair? There's indeed no warranty here (for batteries warranty runs out rather quick), so it's just a repair you'll have to pay. Mediamarkt can most probably have it repaird. And if not: you can just look for another repair shop... (or buy a new battery online and install it yourself... It's not really something difficult to do).

hier stond iets interessants, maar het is even weg...


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Verwijderd schreef op dinsdag 11 september 2018 @ 11:08:
Dear Guys,

Thank you for your time to assist me, these are all valuable responses but as you can see my question is not replied yet.

What is the exact number that the law says " that the reseller or the manufacturer has to repair it and charge money for this"

There is a law for this in every country, you can not throw a washing machine or laptop after two years, this a law , this is consumer rights. I am asking the official law, they have to repair it, this is called "right to repair" or something.


@Verwijderd no I do not want to give it to a random PC repair shop without knowing my rights. I want to give the laptop to Mediamarkt or Asus, give 500 Euro for all the costs of the replacement and take my laptop back.
There is no such law a manufacturer has to be able to repair it after the warranty period. Even within the warranty period. If you have warranty, you can get a repair or a similar specced product (refurbished even). If that all doesn't work out a refund is an option, but based on the value at the time and certainly not more than the price you paid for it. That's just nonsense if this would be the case.

Spare parts for a longer period are applicable for machines that have support contracts on them like servers and multifunctional copiers/printer etc. not for a consumer laptop.

Even when you are willing to pay, the manufacturer is not obliged to sell you any parts. If they will, you're good, but if the don't want the hassle, you have to find another solution.

I think your question has been correctly answered many times now.

There are so many types of laptops and even so many types of batteries. It's not commercially viable to store all of them and let them degrade over time.
There are brands out there that make own brand replacements though.

[ Voor 11% gewijzigd door Fairy op 11-09-2018 13:14 ]


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Full steam ahead

Well, to be honest, if the laptop is 5 years old, there is indeed a big chance that it can indeed no longer be repaired. Even on enterprise hardware it is often difficult to find spare parts after 5 years but if you did buy them with 5 year waranty they will have to replace the system with an equivalent one. As a consumer, you usually don't have that right (seems like the UK is an exception). And after a few years, manufacturers clear out old replacement stocks because stock costs money and the parts often end up on sites like ebay.

If ASUS has already declared in another country that they don't have the parts, chances are that you can't get them here either. They do come from the same warehouse in the end. And at that point, your rights are non existent. The laptop is at the end of it's expected life. You could try for other repair shops, but they will also need to source the required parts somewhere. If the issue is with the charging circuit, it's probably the motherboard that needs to be replaced.

And while the laptop was 2000 euro 5 years ago, it's residual value today will be a lot lower. While I don't know the specs, I would assume it currently holds anywhere between 10% and 20% of the original value, if it was in working order. Might even be cheaper to see if you can find a used laptop of the same model on the internet.

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That depends of course nieuws: Nederlandse rechter: Apple moet bij vervanging splinternieuw product ...
Blokker_1999 schreef op dinsdag 11 september 2018 @ 13:12:
... seems like the UK is an exception ...
AFAIK it is not

[ Voor 22% gewijzigd door begintmeta op 11-09-2018 13:20 ]


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The problem is NOT in the battery, the problem is in the mainboard charging circuitry, which is an old component, which they might not have replacement parts.

@Fairy I was looking for that information which you just stated "Spare parts for a longer period are applicable for ....... not for a consumer laptop."

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@Blokker_1999 Thank you very much for the detailed response. Btw, it should cost more than 20 percent. It is a beast.

For others who are wondering

The laptop is : Asus Rog G751JY,

Similar issues: https://www.google.nl/sea...&sourceid=chrome&ie=UTF-8

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Verwijderd schreef op dinsdag 11 september 2018 @ 10:47:
...it never charges due to a broken pin or something. ...
Often manufacturers do not want to repair things like that if it does not fit their standardized repair procedures (for example: [pin broken in connector on mainboard] → [replace mainboard] | [out of mainboards] → [we cannot repair])

But it might still be technically possible to repair it, to desolder a connector and replace it with a replacement (which might still be available, connectors are often standard components). Even if it involves complex (SMD) desoldering and soldering, it might be possible to find an able rapair company/person and pay them to do the necessary work.

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@begintmeta I completely agree with what you said.

So, guys, can we conclude In Netherlands, there is no "rights to repair" after warranty period? They can basically legally say, no we cannot repair it, even if you pay it.

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Verwijderd schreef op dinsdag 11 september 2018 @ 13:38:
@begintmeta I completely agree with what you said.

So, guys, can we conclude In Netherlands, there is no "rights to repair" after warranty period? They can basically legally say, no we cannot repair it, even if you pay it.
That is correct, but not after the warranty ends, but after the "verwachte levensduur" aka expected lifecycle which is different for each type of product.

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Verwijderd schreef op dinsdag 11 september 2018 @ 13:38:
...
So, guys, can we conclude In Netherlands, there is no "rights to repair" after warranty period? They can basically legally say, no we cannot repair it, even if you pay it.
There is no literal 'right to repair' at all, only a right that the other party fulfills its contractual obligations (how they should do it in case of a defective product, is primarily up to the consumer in consumer law, but limited bij 'redelijkheid en billijkheid') this implies in some cases it would be very sensible to keep spare parts, tooling etc so it will be possible to repair and not have to pay damages or replace the complete machine. In the Netherlands, the period is not fixed, but because of the EU-regulations, it is at least 2 years, with no upper limit (except the 'verwachte levensduur'). The UK England and Wales have apparently a limit of 6 years. Also, as was previously mentioned, the contract may stipulate a literal right to repair of course.

In most countries (at least in the Netherlands and AFAIK the UK and Germany as well) the right to repair in consumer law can also be fulfilled by replacing the complete item.

IMHO, manufacturers should have more incentives to not use planned obsolescence or waste resources by discarding complete items and replacing them. Maybe for that reason, in some cases, a 'duty to repair' might make sense, on the other hand, that might waste resources if spare parts are never used...

[ Voor 7% gewijzigd door begintmeta op 11-09-2018 16:54 ]


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  • macnerd
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Should ASUS say that they cannot repair the laptop, then maybe they have another 'beast' in stock of last year that you can buy with a big discount. I did that myself years ago with my Medion laptop... brand new laptop for a few bucks.

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  • ybos
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Verwijderd schreef op dinsdag 11 september 2018 @ 11:54:
I called Mediamarkt, they are going to take it and send it to Asus, and give me a replacement cost notification problem solved.

I should have called Mediamarkt earlier. Sorry for your time.

@Verwijderd Thats called bad manners, Please do not make assumptions on people you dont know. I paid 255Eur for my watch repair, and 350+ for my bike repair in this summer. I do not hide anything just like I do not hide my name on the forums. I can give you my private number and explain. I would rather give 500 eur and get a very good laptop and buy a 500Eur garbage laptop. Original huge Battery + repair price + transportation in the official store will take a lot of money. I have very bad experience with repair shops.
Make sure to backup all your files. Altough you have got a battery problem, for some reason they like to wipe your data! Better safe then sorry.

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ybos schreef op dinsdag 11 september 2018 @ 20:59:
[...]

Make sure to backup all your files. Altough you have got a battery problem, for some reason they like to wipe your data! Better safe then sorry.
Better yet: Wipe your data yourself, before you send in a laptop for repair. You don't want strangers snooping around in your personal data

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  • Ardana
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Small example, I have bought an electric blanket in februari, € 70. 2 weeks ago it broke. I sent it back for repair.
6 days later, I was told they couldn't repair it, nor give me a new one, so they gave me € 70 shop-credit.

This is against the law, for
A) the item is still available, only not at this shop and now it costs € 90 - but that is not my problem
b) they have to give me my money back, giving shop-credit isn't good enough

I think I am gonna be dissapointed, and get my money back, which doesn't get me a similar item.

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  • MsG
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Verwijderd schreef op dinsdag 11 september 2018 @ 10:47:
Yes I should have replaced earlier but I could not afford the waiting time, it is a 4,5kg laptop I do not change its location so I did not have a problem with this.The battery unit is not visible, cannot be removed. It is like this for 4 years.
This will possibly weaken your case a lot. If you deliberately wait years to notify the seller of a defect of their product and keep using it, and then years after the warranty you suddenly come up with this problem which existed for years by then you can't reasonable expect the seller to be able to fix this (let alone under warranty). The weight of the laptop isn't a reasonable excuse for never reporting the malfunction for more than four years. As for the inconvenience of missing the item, they are legally obliged to reduce the inconvenience, although you won't always get this easily. But the better shops can hand out some kind of temporary device for you which you use in the meantime.

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