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…
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.
Okay, thanks. Know what… just answered him that he can take 10€ and send the rest back… let’s see what’s coming from my side…
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.
Okay. Is there a law for this “use compensation” what you refer to or did you invent it? If I were new…
§ 357a BGB
That’s why I wrote
I read the law. It only comes into force when my use of the goods results in a loss of value. The thing is, I didn’t even open the goods, he didn’t even send them back. She didn’t even leave his camp… This can never result in a loss of value… In fact, this law does not apply.
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.
Yes, he’s commercial. Do you think I should give him 10€ or rather nix?
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…
Okay. In fact, he already packaged the package and handed over to the shipment but apparently he can still stop it, knows what I give him 10€ and is good. Hopefully he’s still giving me my money back at least 1400€…
Who can read and understand is clearly in advantage. No one asks for anything.