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  #21  
Old 25.05.2020, 19:02
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Re: Online shop wont return e-mails, or issue a refund for an item they no longer sel

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I will as this not everyone on this site does understand German and it might be helpful to others in the same boat.

"Delivery times stated are approximate. They are not binding. If there is a delay in delivery, the customer has the right to cancel the order after 14 days overdue. This must be done in writing, and no other claims should be pursued."
"In writing" - e-mail? registered letter?
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  #22  
Old 25.05.2020, 19:28
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Re: Online shop wont return e-mails, or issue a refund for an item they no longer sel

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"In writing" - e-mail? registered letter?
If you want to use the rule than the burden of proof that you gave them the 14 days is on you. If you use E-mail and they acknowledge such it is all fine, with a registered letter it does not matter what they acknowledge since you have proof.

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I have been asking for a cancellation in every email I've sent to them. I think that covers it, no?
Not according to the terms you agreed to.
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Old 25.05.2020, 19:29
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Re: Online shop wont return e-mails, or issue a refund for an item they no longer sel

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"In writing" - e-mail? registered letter?
Registered letter.
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  #24  
Old 25.05.2020, 19:34
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Re: Online shop wont return e-mails, or issue a refund for an item they no longer sel

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If you want to use the rule than the burden of proof that you gave them the 14 days is on you. If you use E-mail and they acknowledge such it is all fine, with a registered letter it does not matter what they acknowledge since you have proof.



Not according to the terms you agreed to.
I get it. 14 days after the original due date. If the due date was 15 days from payment received, it would have been May 13th. 14 days from then, which is the 27th. If I mail it out tomorrow, how much time should I be giving them? 10 days from tomorrow would be the 6th of June, which would have been 21 days overdue.
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Old 25.05.2020, 19:54
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Re: Online shop wont return e-mails, or issue a refund for an item they no longer sel

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I will as this not everyone on this site does understand German and it might be helpful to others in the same boat.

"Delivery times stated are approximate. They are not binding. If there is a delay in delivery, the customer has the right to cancel the order after 14 days overdue. This must be done in writing, and no other claims should be pursued."
That translation is not correct and misses a small but very important detail.

Better version: "All stated delivery times are approximate. They are not binding. Should there be a delay in delivery, the customer has the right to withdraw from the order after the end of a minimum grace period of 14 days to be announced by the customer in writing. The customer may not assert any other or further claims."

The 14 day do not start when the delivery is overdue, but only once the customer sent a final notice and gave a 14 day extension. In writing which normally means using a letter, best if registered.
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  #26  
Old 25.05.2020, 20:01
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Re: Online shop wont return e-mails, or issue a refund for an item they no longer sel

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That translation is not correct and misses a small but very important detail.

Better version: "All stated delivery times are approximate. They are not binding. Should there be a delay in delivery, the customer has the right to withdraw from the order after the end of a minimum grace period of 14 days to be announced by the customer in writing. The customer may not assert any other or further claims."

The 14 day do not start when the delivery is overdue, but only once the customer sent a final notice and gave a 14 day extension. In writing which normally means using a letter, best if registered.
Got it. So this letter is the letter in writing, and needs to give 14 days. Boom.
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  #27  
Old 29.05.2020, 11:34
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Re: Online shop wont return e-mails, or issue a refund for an item they no longer sel

Just an update, I sent the letter registered mail, it was deposited in a P.O. Box with a collection note, valid until Jun 3. If they dont pick it up by then, will it just get sent back to me? If that happens, should I just start betreibung?
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  #28  
Old 29.05.2020, 12:38
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Re: Online shop wont return e-mails, or issue a refund for an item they no longer sel

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Just an update, I sent the letter registered mail, it was deposited in a P.O. Box with a collection note, valid until Jun 3. If they dont pick it up by then, will it just get sent back to me? If that happens, should I just start betreibung?
If they don't pick it up, it still counts as having been received.

Don't start Betreibung, that is for when they have a debt towards you, which is not yet the case but something that could happen if they don't stick to the 14 days and refuse a return.
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  #29  
Old 29.06.2020, 14:51
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Re: Online shop wont return e-mails, or issue a refund for an item they no longer sel

Update; they paid me back in full. Took forever, but it happened. Case closed.
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