cerialphreak 17 Posted December 12, 2019 Share Posted December 12, 2019 (edited) Does anyone know if the warranty transfers if you purchase the phone second hand (assuming there is warranty left)? EDIT: Here is Fxtec support's response: Thanks for your message. Yes, the warranty would still be valid if you buy the device from someone else. Feel free to let us know if there's anything else we can help you with. Kind regards, F(x)tec Support Edited December 12, 2019 by cerialphreak Quote Link to post Share on other sites
matf-kabouik 414 Posted December 12, 2019 Share Posted December 12, 2019 (edited) That's usually how it works for pretty much everything else, I think. At least in Europe I never saw a warranty tied to a person rather than the device itself. Am I wrong? Edited December 12, 2019 by matf 1 Quote Link to post Share on other sites
anonim001 105 Posted December 12, 2019 Share Posted December 12, 2019 45 minutes ago, matf said: That's usually how it works for pretty much everything else, I think. At least in Europe I never saw a warranty tied to a person rather than the device itself. Am I wrong? I have seen some products with such warranty terms. 1 Quote Link to post Share on other sites
MvBoe 31 Posted December 12, 2019 Share Posted December 12, 2019 For Germany: The legal guarantee only applies to the first purchaser and is not automatically transferred. The second buyer is used buyer and has (if at all) only claims to the seller = first owner. Of course, the manufacturer can voluntarily give a guarantee, but he is not obliged to do so. Quote Link to post Share on other sites
matf-kabouik 414 Posted December 12, 2019 Share Posted December 12, 2019 Interesting, thanks. Quote Link to post Share on other sites
EskeRahn 5,460 Posted December 12, 2019 Share Posted December 12, 2019 1 hour ago, MvBoe said: For Germany: The legal guarantee only applies to the first purchaser and is not automatically transferred. The second buyer is used buyer and has (if at all) only claims to the seller = first owner. Of course, the manufacturer can voluntarily give a guarantee, but he is not obliged to do so. Interesting, But does that mean the first purchaser voids the warranty by selling it? Or could it be delivered back through the chain of later owners to the first purchaser and then the seller? So in practice that the current owner could claim the warranty 'on behalf of' the first purchaser ? 1 Quote Link to post Share on other sites
MvBoe 31 Posted December 12, 2019 Share Posted December 12, 2019 3 hours ago, EskeRahn said: Interesting, But does that mean the first purchaser voids the warranty by selling it? Or could it be delivered back through the chain of later owners to the first purchaser and then the seller? So in practice that the current owner could claim the warranty 'on behalf of' the first purchaser ? If the dealer sees it strictly: Yes! You can try to transfer the rights of the first buyer to the second buyer (assignment). The dealer does not necessarily have to accept this. So there is an uncertainty. An interesting article (German): Link. Quote Link to post Share on other sites
cerialphreak 17 Posted December 12, 2019 Author Share Posted December 12, 2019 Yesterday I had sent a support inquiry to Fxtec asking about transfer of warranty. Here is their response: Thanks for your message. Yes, the warranty would still be valid if you buy the device from someone else. Feel free to let us know if there's anything else we can help you with. Kind regards, F(x)tec Support 2 Quote Link to post Share on other sites
EskeRahn 5,460 Posted December 12, 2019 Share Posted December 12, 2019 1 hour ago, MvBoe said: If the dealer sees it strictly: Yes! You can try to transfer the rights of the first buyer to the second buyer (assignment). The dealer does not necessarily have to accept this. So there is an uncertainty. An interesting article (German): Link. This link is from 2014, If I'm not wrong there were some EU minimum requirements that kicked in around then. I tried to browse a bit here, but did not find any on resale/transfer. I know the Danish legislation was changed to match. ADD: Found this for Germany https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/germany/index_en.htm Quote How long is the legal guarantee for new and second-hand goods? The duration is normally 2 years but can be reduced to 1 year for second-hand goods. The second limitation does NOT go for Denmark, see https://europa.eu/youreurope/citizens/consumers/shopping/guarantees-returns/denmark/index_en.htm Quote Link to post Share on other sites
MvBoe 31 Posted December 12, 2019 Share Posted December 12, 2019 (edited) 17 minutes ago, EskeRahn said: This link is from 2014, If I'm not wrong there were some EU minimum requirements that kicked in around then. I tried to browse a bit here, but did not find any on resale/transfer. I know the Danish legislation was changed to match. Of course, I'm not a lawyer. According to what I read and know, there is only a legal relationship in Germany between the seller and the direct, next buyer. The manufacturer has no contract with the second buyer but only with his customer, the first buyer. Of course, many manufacturers still guarantee from the original proof of purchase, even if they might not have to. There is always a difference between what is required by law and what you are willing to voluntarily provide in extended customer service. Edited December 12, 2019 by MvBoe Orthography 1 Quote Link to post Share on other sites
Wheeljack 212 Posted December 12, 2019 Share Posted December 12, 2019 6 hours ago, MvBoe said: For Germany: Yeah, we have two different terms here, namely "Garantie" and "Gewährleistung". It doesn't help that both words translate to "warranty" when trying to explain those. The first one is the voluntary warranty by the manufacturer. The second one is the legally regulated warranty and usually is a thing between seller and customer and lasts for 2 years. Should there be problems with the product, you can return it to the seller - 6 months after purchase you'll have to prove though, that the product was faulty from the start. 1 Quote Link to post Share on other sites
EskeRahn 5,460 Posted December 12, 2019 Share Posted December 12, 2019 6 minutes ago, Wheeljack said: Yeah, we have two different terms here, namely "Garantie" and "Gewährleistung". It doesn't help that both words translate to "warranty" when trying to explain those. The first one is the voluntary warranty by the manufacturer. The second one is the legally regulated warranty and usually is a thing between seller and customer and lasts for 2 years. Should there be problems with the product, you can return it to the seller - 6 months after purchase you'll have to prove though, that the product was faulty from the start. Similar in Denmark, though here it is one and two years, (not a half and one). In Danish the second year is "Reklamationsret" that would translate to something like "The right to file complaint" Quote Link to post Share on other sites
_DW_ 628 Posted December 12, 2019 Share Posted December 12, 2019 Make sure you get the receipt for it just in case 👍 2 1 Quote Link to post Share on other sites
EskeRahn 5,460 Posted December 12, 2019 Share Posted December 12, 2019 7 minutes ago, _DW_ said: Make sure you get the receipt for it just in case 👍 Indeed, And if it was me that should buy it second hand, Then I would request the seller to get something in writting similar to the one @cerialphreak quoted above, to clear any doubts. I must admit I did not take a magnifying glass and read all the smallprints in the leaflet in the box, So maybe it already says so? Quote Link to post Share on other sites
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