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hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
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Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
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i bought an insurance for my iphone 5. i asked for an english

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i bought an insurance for my iphone 5. i asked for an english speaking seller at Gravis and asked for an insurance for theft covering european union since my former phone 4 was stolen too.

after that my phone was stolen in italy from my jacket. i called Gravis and asked for the proceidure and i was told everything was fine. i just had to make a theft declaration at the local police within 48 hours. then i would have to present the document at gravis and with 50€ i would get back a new phone as also the selles had described.

and so i did the declaration and came back after 2 months in Berlin to get my new phone. At gravis i was told that the phone was not insured for theft. i made the request for examination of my case to the insurance and i just received a negative answer.

i belive i was misslead by the seller in order to buy the product. i have a witness that iwas told the above while purcassing the products (i also insured my computer with the same insurance and on saturday when i first went to the shop the seller told me that also with 50€ i could get back the Mac in case of theft. on monday when my finansiation was aprooved the seller that delivered me the good told me that the former collegue was wrong and that i would have to pay around 500€ for the same service).


is there anything i can do to at least get a new phone?
Submitted: 1 year ago.
Category: German Law
Expert:  hhvgoetz replied 1 year ago.

Hi,

 

in case you do not have a written contract about the insurance it will be quite difficult to get any reimbursement as before court you will need to prove every detail the salesperson told you including the fact that the person understood that the insurance was an important issue for you.

 

It will all depend on your friend and it is quite likely that any judge will be very cautious in believing everything your friend states, because otherwise this way anyone could enforce a contract before court just by stating its content.

 

However, in contrast to most Common Law countries in Germany there is no "parole evidence rule" and it is theoretically possible to prove oral supplements of a written contract.

 

Regards

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 2022
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
hhvgoetz and other German Law Specialists are ready to help you
Customer: replied 1 year ago.
as i was told in the shop when i went to claim the new phone in case of theft after violence i am covered instead if the phone was taken from my pocket as it happened i am not covered. but again this is what i was told. unfortunatly my german is not at a level where i can understand those kind of diferences and that is why i had asked for an english speaking seller.
Expert:  hhvgoetz replied 1 year ago.

You should see the existing written contract. Check, what your friend remembers and then show up with your friend at the store and tell the manager the story. You should also make a written complaint and ask for the insurance benefit until a certain date (f.e. 4 weeks in advance).

 

If it doesn't help, you'll need to contact a colleague. Bear in mind, that chances are not too high to achieve something.

 

If you do not earn a lot of money and live in Germany, you may have most of the lawyer costs covered by so-called Beratungshilfe (you'll first need to ask for it at the local Amtsgericht).

You'll need to carry with you proof of your earnings and running costs (for example rent) and proof that you tried to solve the issue by yourself (for example the letter to Gravis).

 

Regards

Customer: replied 1 year ago.
Thank you very much
Expert:  hhvgoetz replied 1 year ago.
You're welcome!
Customer: replied 1 year ago.
actualy i just checked the contract and under "Beraubung" it says "Ja"
Expert:  hhvgoetz replied 1 year ago.

Raub includes violence...

Theft (Diebstahl) does not.

 

Regards.

Customer: replied 1 year ago.
indeed it says "Diebstahl", "Nein"

thanks again
Expert:  hhvgoetz replied 1 year ago.

It will be essential whether it was clear for the vendor that you desired insurance for theft.

 

Regards

Customer: replied 1 year ago.
"theft"in english was the exact word i used at my request for insurance.

some months before the purcase my older phone was stolen in istanbul. that is why i requested this kind of insurance and i told him that

it is clear that the sellers are not well informed of the products they are selling cause the first day (it was a saturday when i made request for financiation) was told that the insurance for the computer (i purcased together with the iphone) was sworking the same way as for the phone. that is with only 50€ in case of theft i would get back a new one. on the day i went to pick up the computer and phone i asked again and i was told that the amount to pay was about 500€ to get a new computer back after it was stollen (this was the monday after)
Expert:  hhvgoetz replied 1 year ago.

You should try to make your point clear at the management in written by explicitly putting a deadline for the payment of compnesation or replacement of the phone.

Don't forget to mention you friend as witness.

 

Good luck!

Customer: replied 1 year ago.
i will try. thanks again for your advice

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