Right to defective laptop adapter: Seller's liability


Questioner

I bought an adapter for my laptop last week. And now the input is broken because he sold me the wrong one. So my question is am I only entitled to a replacement of the delivered product or also the laptop that broke because of it?

Lawyer

You are entitled to replacement of the delivered product and consequential damage, i.e. if the seller informed you that the adapter was suitable for the laptop and the laptop broke down. I advise you to hold the seller liable in writing.

Lawyer

Which adapter did you request? Or did you show the laptop? If the seller knew which laptop the adapter was intended for, he could be held liable. You also have a duty of care to investigate whether the correct adopter has been purchased and whether it fits your laptop.

Questioner

I took the laptop with me. Because I couldn't find out exactly what type it was. I searched well later and then found out that I needed 4 mm by 1.35 mm and he gave me one of 3 mm by 1.10 mm so a too small plug with a too small hole.

Lawyer

You may assume the expertise of the seller and that he advised/gave you the right plug, also because you brought your laptop. Now that this is not the case, you can hold the seller liable, in which case you will have to prove something. You can first try to find a solution together.

Lawyer

it is as i wrote. the seller knew every laptop you have and so he should have known which adapter to sell. The seller is therefore liable. My colleague and I advise you to try first and work it out together.

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