Hi
I hope it is ok I write this in English, it is fine if you reply in German as I understand a little German.
In november I won an eBay auction (tischfussball), and within a week I sent an email to the seller (a company) that I would like to use my "14 Tägiges Rückgaberecht". At that time I hadn't paid for the table yet and it wasn't going to be shipped before my payment. I thought that was the end of it, but last week (more than three months after the action ended) I received a letter from mediafinanz claiming I hadn't paid for the item yet and should pay the auction price, shiping costs and inkasso costs.
I wrote back to mediafinanz that I emailed the seller back in november and told him that I would like to use my "14 Tägiges Rückgaberecht". Mediafinanz asked for proof, but I don't keep copy of old emails (this one is over 3 months old) because I use a webmail service with only 10MB of storage.
In Denmark the "14 Tägiges Rückgaberecht" starts when I receive the item, not when it is ordered. Is that also the case in Germany ? If so, I can technically use my "14 Tägiges Rückgaberecht"
What do I do here ? I am not going to pay them because I know I notified the seller back in November, but what will the next step be from Mediafinanz when I live in Denmark?
14 Tägiges Rückgaberecht
Probleme mit dem Gewerbe?
Probleme mit dem Gewerbe?
Hi Jakob,
there is a difference wether the company will give you a 'Rückgaberecht' or just the 'Widerrufsrecht'.
If you have a 'Rückgaberecht' then you have to receive the item first and then you can give it back. The 'Rückgaberecht' replaces the 'Widerrufsrecht'.
Of course you have to proove that you wrote an e-mail that you do not want to get the part anymore.
At the moment I think that the company is right to charge you.
Would you please write a link to the auction? Then it would be easier to see who is right.
Best regards, Michael
Hi Michael
Here is a link to the auction :
http://cgi.ebay.de/ws/eBayISAPI.dll?ViewItem&item=110049650002&ssPageName=ADME:B:EOIBSA:DE:11
I can understand if the company contacts me a 3-4 weeks after the auction and wants proof, but I think that 3+ months is a long time, especially when I don't have a facility to store emails.
Thanks
Jakob
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Hi,
you have a 'Widerrufsrecht'! That means, that the way you did was correct. BUT! You have to proove that you wrote that letter! You say that you can not store e-mails. Sorry, but that is your problem! DO it now again and demand a proof of reception. You can also send that mail to different people as CC as proof that you really wrote it. You live in Denmark. So if I were you I would be really relaxed. Explain the situation to mediafinanz and tell them also, that you do not want to buy that item anymore. Put them as CC on the mail to the dealer.
Best regards, Michael
Hi Michael and Mirk
Thank you very much for your replies.
Mirk : I am really covered by the Danish "Forbrugeraftaleloven" when I buy items in Germany?
To make sure I understand "Widerrufsrecht" correct. Is it the same as the Danish "Fortrydelsesret", which means I can cancel online purchases up to 14 days after I have RECEIVED the item, which means I can still legally cancel it again to make absolutly sure ?
About me not being able to store copies of sent emails. A copy is automatically stored, but because of the limited storage I have to do a manually deletion regulary. So it was in fact I that deleted the email to free up space because I considered the matter closed when I hadn't heard from the seller for weeks. Now I know always to keep a copy of emails of that nature :-).
Once again
Thank you for taking your time to reply.
Jakob
Hi Jacob,
no, you are not covered by the Danish Forbrugeraftaleloven! You bougth the part in Germany and so the German law is valid.
@Mirk
wie kommst du denn darauf, daß hier dänisches Recht gelten sollte? Jemand der in Deutschland kauft unterliegt auch dem deutschen Recht. Ein deutscher gewerblicher braucht sich nicht um die dänischen Gesetze zu kümmern wenn der Kaufvertrag in D geschlossen wird. Wohin die Ware geliefert wird ist ja wohl egal.
Viele Grüße, Michael
Hi Michael
In an earlier message you wrote "You live in Denmark. So if I were you I would be really relaxed."
Why do you say that ?
Do you recommend that I write both the seller and Mediafinanz again and tell them that I don't want to buy the item anymore and use my "Widerrufsrecht"? I will of course cc to my work email.
In my previous message I asked :
"To make sure I understand Widerrufsrecht correct. Is it the same as the Danish Fortrydelsesret, which means I can cancel online purchases up to 14 days after I have RECEIVED the item, which means I can still legally cancel it again to make absolutly sure ?"
Is the interpretation above correct?
Thanks again
Jakob
Hi Jacob,
I wrote that you can stay relaxed because many dealer will stop their efforts to get the money when they realise that you live in a country outside EU.
Yes, you can still cancel your order within !!1month!! (just in this case) after having received the part.
I would recommend to cancel the order again with several addresses as CC. Just to be able to proove the cancelation.
Best regards, Michael
Hi Michael
Denmark, a country outside the EU Do you mean outside Germany?
Thanks
Jakob
Hi Jacob
hehehehe, yes of course, outside Germany, hehehehe.
It is pretty complicated to try to get the money via special companies in other countries.
Best regards, Michael
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