Sent (and charged for) unwanted goods

Anselm

unholyangel wrote: »

However if it is german law, we'll pretty much only be able to tell you what we can google.

Quoting this for relevance.

Op, the distance selling regulations come from an EU directive (directive 97/7/ec) and have therefore been incorporated in to the German civil code.

So if the terms and conditions stipulate that contracts are governed under German law, I think the relevant piece of legislation you need is:

Section 312b "Distance contracts" of the German Civil Code, see here:http://www.gesetze-im-internet.de/englisch_bgb/englisch_bgb.html#p1053

Hope this helps.

pb147

Thanks everyone. Anselm, that link is helpful but I can't seem to find what I need in it- hopefully a call to that EU consumer helpline will help me out.

Anselm

pb147 wrote: »

Thanks everyone. Anselm, that link is helpful but I can't seem to find what I need in it- hopefully a call to that EU consumer helpline will help me out.

Hi, sorry I wasn't specific enough. Look at section 312d.

Section 312d, sub-section (1) gives you the right to revocation under section 355.

Section 355(1) tell you that you can revoke the contract as long as you either: tell the company, or, if the item has arrived then you send the item back, as long as it's within the timescales and notice is by a durable medium. (ie email)

Section 355(2) says that the timescale for revocation is 14 days.

So, you need to email the company and tell them you're revoking the contract within the 14 days.

daytona0

thriftymanc wrote: »

How is this question relevant? People's circumstances change, the OP asked if the two now-unwanted items could be cancelled, and was told that yes it would be possible. I'm sure if the company had said no the OP would have accepted the order or simply returned them after receiving them. Why try to make out that the OP has done something wrong by bringing an irrelevant point into it? Are you somehow implying that what happened to the OP is fair because they shouldn't have ordered the other items to begin with? This happens far too often on these forums, someone asks a perfectly reasonable question and someone else will try to twist it into a needless attack on the OP. Regardless of whether the OP needed the other two items or not, it doesn't change the fact that the company are in the wrong for double charging for the third item.

Well actually I was just stating a act about ordering. You place an order and it is accepted. You can't assume that a cancellation request via email will be actioned b4 dispath and it seems a bit silly ordering and then changing your mind immediately - just don't order and save the hassle lol


That point aside, I mis-read the post so my comments aren't that helpul and should be disregarded in terms o the issue at hand