If I cancel and return a purchased item, do I have to pay compensation? See screenshot.

What's that all about? I've never experienced anything like that before… does this guy have the right to request this? Incidentally, it's an online shop called elektrowelt24, so it should be reputable…

(2 votes)
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siliciumcarbid3
1 year ago

Your product is not custom made or personalized to you. The dealer is in Germany. So you have 14 days right to return.

As you have reported before the shipment, you have also saved him the shipping costs.

The only, what you would have to pay for yourself would be return shipping costs, unless otherwise stated in the AGB.

From now on, I would no longer communicate with the seller, except it is absolutely necessary. You can exercise your right of withdrawal without giving a reason.

You don’t pay the $50. You now declare to him that you have informed you that you have exercised your right of revocation and are therefore not obliged to make any payments and therefore the 50€ cannot afford to be compensation

If something else goes wrong, he has to report – and he will not do that because he definitely knows this legal rule! It’s just a trick.

jort93
1 year ago

You have to pay shipping costs and if necessary A compensation for use.

So, an appropriate usage compensation may require a provider to pay 50€ for a device for 1400€ may be appropriate.

But if you’ve never used it, you don’t have to pay any use compensation.

If you haven’t even had the product in your hand, I don’t see how you owe them compensation.

jort93
1 year ago
Reply to  Nichtsnutz12

§ 357a BGB

jort93
1 year ago

That’s why I wrote

But if you’ve never used it, you don’t have to pay any use compensation.

If you haven’t even had the product in your hand, I don’t see how you owe them compensation.

RobertLiebling
1 year ago

If it is a commercial seller who has to grant you a right of withdrawal for the ordered products, he has no right to do so.

However, if these are articles which are not covered by the right of withdrawal, the case looks different. He would then be entitled to fulfil the purchase contract in principle.

RobertLiebling
1 year ago
Reply to  Nichtsnutz12

In this case, I do not see a claim. This is part of the risk of an online retailer.

He should see it like this: at least he does not have to pay the shipping costs, which he would have to pay if you first have to receive the package and then revoke the purchase contract…

chanfan
1 year ago

Who can read and understand is clearly in advantage. No one asks for anything.