Ars Boni Recht neugierig - Folge 13
Oct 17, 2025
In this engaging discussion, Eva Maria Vetter, a senior judge at the Higher Regional Court in Vienna specializing in consumer law, delves into consumer rights regarding faulty goods. She explains the stark difference between warranty and guarantee, clarifying legal protections when purchasing items like smartphones. Eva breaks down remedies available, the impact of private sales on warranty, and highlights the importance of knowing your rights, especially in online transactions. She encourages listeners to stand firm against sellers' claims of 'no warranty'.
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Broken Phone Example
- Eva Maria Vetter uses a smartphone purchase story where the screen goes black after two weeks to explain warranty issues.
- The example shows common consumer questions about replacement, refund, insurance, and seller refusal.
Gewährleistung Is Automatic For Seller Sales
- Gewährleistung covers defects that existed at purchase even if they were not visible immediately.
- It applies automatically to purchased goods from sellers, not optional like a manufacturer's guarantee.
Request Repair Before Refund
- First ask for repair (or replacement) because the law prefers remedy over refund.
- If repair or equivalent replacement is impossible, demand a full refund or a proportional price reduction.