Nemo1985 wrote on 2020-06-03, 17:15:Thank you all for the tips. The link on the electromyne page says:
"Beispielbild - Abbildung ähnlich / Example Picture - Image s […]
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Thank you all for the tips. The link on the electromyne page says:
"Beispielbild - Abbildung ähnlich / Example Picture - Image similar"
I'm going to post the link to the product page, if it is against the rules please feel free to edit my post:
https://www.electromyne.de/public/catalog_xml … 023686577&ln=gb
I can try to reach them out and see what they answer, I live in Italy and yes I paid with paypal.
Again, I'm convinced that since they advertise a certain model of card the phrase "Beispielbild - Abbildung ähnlich / Example Picture - Image similar" does not justify a completely different HSF. A customer will regularly use images on a webshop to get an impression of the article they're buying. A webshop can also regularly update their images to represent the actual article that's being sold. A customer will not regularly assume that only the parts directly tied to technical functionality are similar.
Also electromyne advertised a specific card model from a specific vendor and that specific card uses that specific HSF. They would have to specifically point out the card may come with a different HSF or not advertise a specific card and mention that the picture is simply a placeholder and does not represent the product AT ALL. Therefore in this case the phrase is in violation of § 5 Abs. 1 Satz 2 Nr. 1(and possibly Nr.5) UWG.
German courts have even ruled that in most online offerings a picture is more binding than the article description. (OLG Hamm 4.8.2015, I-4 U 66/15 ; OLG Hamm 5.6.2014, I-4 U 152/13)
Anyway, only the most special of customers will actually fo to court over a heatsink on a card that cost less than 30€ so that's probably irrelevant.
What's relevant is that PayPal almost exclusively sides with buyers and if you try to get a reasonable partial refund they will most likely grant it. If electromyne does not reply, open up a case with PayPal and request a partial refund. The case does not cost any money and is free of risk. The only thing you might lose is time. 😉