What should i do? What would you do?

crispy

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My projector broke down some time ago and i though acer had given med a whole new one (a supported had requested one and i recieved another projector), but as it happens it was a mistake and i had recieved some german guys projector instead (which is nicer than mine :D), and he had recieved mine. They called me up and requested that i sent it back... Hmm am i required to do so? The other guy will just recieve a whole new projector is my guess :>
 

Iceforge

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You have to send it back! It doesn't belong to you and is the property of somebody else!

But, a Verbal contract is binding and you was in good faith about getting a new projector (until they demanded it back now, you had no idea something was wrong = you thought the deal was legit), in accordance with "købeloven" (which applies as you live in Århus, Denmark) they owe you a projector of equal or better quality than the one they want you to return
 

crispy

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How would you go about convincing them of that? And where in købeloven does it state that?
 

echome

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You have to send it back! It doesn't belong to you and is the property of somebody else!

But, a Verbal contract is binding and you was in good faith about getting a new projector (until they demanded it back now, you had no idea something was wrong = you thought the deal was legit), in accordance with "købeloven" (which applies as you live in Århus, Denmark) they owe you a projector of equal or better quality than the one they want you to return

^^ What he said;)
 

Iceforge

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How would you go about convincing them of that? And where in købeloven does it state that?

Just speak with them on the phone, if they give you any hard time, just plainly say this:

"Jeg kender mine rettigheder i henhold til købeloven som er bindende for denne type aftaler! Jeg blev lovet en ny projektor af jer efter fejl på min gamle og modtog denne i god tro, hvilket jeg forblev i indtil i kontaktede mig omkring at ville havde den retur! Derfor er det en bindende aftale fra jeres side og jeg har legalt krav på en tilsvarende projektor. I kan spare tid og penge på blot at sende en tilsvarende eller bedre projektor til jeres tyske kunde, men hvis i insistere på at han skal havde denne tilbage, vil jeg have udleveret min erstatnings projektor først"

And if they say you should return it right away and then they will look into "what they can do" about a replacement for you (after giving you a hard time and seemingly not wanting to give you what you deserved at first, just add:

"Jeres opførelse indtil nu har givet mig begrundelse for ikke at udvise tillid til opfyldelsen af en sådan aftale, jeg skal som minimum havde papir fra jer hvorpå i lover mig den erstatsnings projektor, som er min ret"


If you just give it back to them and hope for them to be the good guys and giving it to you afterwards, you will face a bitch of a struggle. First, you got to take the case to the court (Sø- og Handelsretten), wait for them to take the case up and then it is suddenly YOUR job to prove that you had good faith in the deal until they broke it, and you have to prove there was a deal at all (no doubt to me that there was, but 100% the company will try and say there wasn't), by keeping the projektor until getting either the papers or the replacement, you got the advantage, as they have to prove that there was no deal and that you didn't have good faith when entering the deal to get it back from you.
Once you got signed papers from them acknowledging there was a deal through, then you got all the proof you need once you go to court. And as the company will know that, they are very likely to just give your the product without giving you any problems, as they probarly dont want anymore bad publicity than needed be. Always a good thing to add that if they give you to much trouble that you aren't afraid to contact EB or other newspapers to tell about how they threath you.
 

crispy

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Ah well, but they didnt promise a new one, just a 'i'll request a new projector for you'. There was no promise.. unfortunately ;)

Better send it back then
 

Iceforge

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Ah well, but they didnt promise a new one, just a 'i'll request a new projector for you'. There was no promise.. unfortunately ;)

Better send it back then

No no no!

You don't get it!

"I will request a new projector for you!" and then you GET a new projector = DEAL! You was in good faith when you received it, you thought it was ACTUALLY yours = Binding deal for them

You are the consumer, they are the producer, they are the ones obliged not to make such errors.
 

Iceforge

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Also, a good little thing to know, if they try to say that "you can't prove we said anything about trying to get you a new projector" and stuff, then ask them:

"Does that mean it was send to my house by random without any agreement about it first?"

Then they will say "yes" as that corresponds with their version.

Then just remind them of the following:

"Any items received at ones house in Denmark without an attached bill and without any prior agreement is considered a gift and is not subject to producers ability to withdraw gifts" = they can't get it back + they still owe you the one you send in for repair
 

crispy

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No no no!

You don't get it!

"I will request a new projector for you!" and then you GET a new projector = DEAL!
Aah a deal in that kind of way.. Better start writing some emails then... or call them :>
 

Iceforge

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yeah, I remember when I learned about it. At first I found it very hard to believe that those where the rules... by the way, I think I might have misremembered something before. There might be a rule that states that a firm has X number of days to contact one about stuff send to your house in which case it no longer counts as a gift, but then they have to pay for all transportating (i.e. you can require a pre-paid packaging for sending the item back to them, which you should require no matter what, as in any case, it is THEIR mistake that you ended up with another guys projector)
 

crispy

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How many days?

Anyways, they are pretty nice when it comes to sending stuff back and forth. They send me a mail i have to print and hand to a guy who comes and pick up the stuff and drives it down to somewhere in germany.
 

Iceforge

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How many days?

Anyways, they are pretty nice when it comes to sending stuff back and forth. They send me a mail i have to print and hand to a guy who comes and pick up the stuff and drives it down to somewhere in germany.

Not sure, but thats not really relevant, as that was in a fair out scenario. For now, you should just be standing firm on your rights, which is to be compensated with an equal or better projector
 

crispy

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That should teach them to send back my projector unrepaired (which is part of why they were requesting a new projector).

Quite alot of people who fuck up at that support they got going.
 

Afran

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Not reading entire thread but if they replace something that's e.g. broken and request you send the old one back, you don't have to and no legal action can be taken if you don't.
 

Mey

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Surely they should send you a replacement before asking you to send the old one back?

I.e new moblie phone gets sent to you, you send old one back with the courier/post.
 

Chronictank

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tell them to send the replacement, THEN return the one you have not before
If you send it first you have no leverage at all
Also make sure THEY pay for postage and packing, in reality you should have them send a courier
 

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