Skip to main content
Warum O2
Warenkorb
 Service
Gelöst

Widerrufsbelehrung9

  • June 1, 2018
  • 6 Antworten
  • 569 Aufrufe
nargis0178
Besucher:in
Hallo,

i have made a DSL-Auftrag for INTERNET Anschluss in my apartment on 11.05.2018.

Within 14 days i have wanted to cancel the order so i sent an email to widerruf@cc.o2online.de about the cancellation procedure giving details about my order. 

On 29.05.2018 i received the DSL-Homebox delivered at my home. I sent back the DSl Home-box to the return address at once and informed the O2 shop where i made the contract . They said they will cancel the order ( i had already told them many times earlier to cancel my order).

Today i received a reply to my email from O2-Kundenbetreuer that my order cannot be cancelled/changed saying there is no such right for cancellation. But in my Vertrag it is not given that i cannot cancel the order! And the O2 shop also never told me that i cannot cancel the order. Also , i sent back the DSL-Homebox before it was connected in my apartment.

My question is in this case will any money deducted from my bank. If they do, that is illegal. There is currently no DSL-Anschluss in my apartment, as i already sent it back as "WIDERRUFEN"

Thank you for any advice.

Lösung von Sächsin

You have only a right of withdrawal in Germany, if you order by phone or online goods or services.
In the case of contracts concluded on-site in a shop, there is generally no right of revocation ... an exception exists only if the right of revocation is expressly stated in the contract.

    6 Antworten

    Sächsin
    Legende
    • SächsinLegende
    • Lösung
    • June 1, 2018
    You have only a right of withdrawal in Germany, if you order by phone or online goods or services.
    In the case of contracts concluded on-site in a shop, there is generally no right of revocation ... an exception exists only if the right of revocation is expressly stated in the contract.

    Politik: ein Streit der Interessen, der sich als Wettstreit der Prinzipien ausgibt. Ambrose Bierce ------ Der Kluge lernt aus allem und von jedem, der Normale aus seinen Erfahrungen und der Dumme weiß alles besser. Sokrates --------- Nein, ich bin kein Fußabtreter!
      bs0
      Legende
      Forum|alt.badge.img+44
      • bs0Legende
      • Legende
      • June 1, 2018
      My question is in this case will any money deducted from my bank. If they do, that is illegal. There is currently no DSL-Anschluss in my apartment, as i already sent it back as "WIDERRUFEN"

      The problem is that you had no cancellation right, so money "deducted" (sic) from your bank is not illegal and is also contractually OK as long as it is the correct amount. my advice would be to ask O2 to send you another router so that you can use the contract you are paying for.

      By the way, the shop doesn't have to tell you that there is no right to cancel. they would only need to tell you if there IS (exceptionally) a right to cancel.

      In einem Diskussionsforum werden Meinungen ausgetauscht. Meine Beiträge in diesem Kunden-helfen-Kunden-Forum stellen meine persönliche Meinung dar.
        nargis0178
        Besucher:in
        • nargis0178
        • Autor
        • Besucher:in
        • June 1, 2018
        Hello,

        But in the contract it is not mentioned anywhere that i cannot cancel the order before the connection is started in my apartment. Der Auftrag kam in Zustand nur wenn es freigeschaltet ist, oder? I looked for it all over my contract but did not find anything about cancellation. And so i sent back the DSL homebox and informed the shop. They said they will cancel the contract/ order with immediate effect. 

        bs0
        Legende
        Forum|alt.badge.img+44
        • bs0Legende
        • Legende
        • June 1, 2018
        nargis0178 schrieb:

        Hello,

        But in the contract it is not mentioned anywhere that i cannot cancel the order before the connection is started in my apartment.



        Because that is the normal situation when you conclude a contract in person in a shop. You seem to have assumed that was posssible but appear not to hav checked before signing.

        nargis0178 schrieb:

        And so i sent back the DSL homebox and informed the shop. They said they will cancel the contract/ order with immediate effect. 


        Then you need to speak to the shop. If they said they will cancel it then that is their decision.

        In einem Diskussionsforum werden Meinungen ausgetauscht. Meine Beiträge in diesem Kunden-helfen-Kunden-Forum stellen meine persönliche Meinung dar.
          nargis0178
          Besucher:in
          • nargis0178
          • Autor
          • Besucher:in
          • June 1, 2018
          The contract comes into effect , literally, only when the connection is switched on / started in my apartment, am i right? Atleast that is what the shop informed me. Since the shop helped me to send back the Home-box, i was just wondering perhaps it is also in the knowledge of the shop that a customer can personally ask for a cancellation of the order?

          bs0
          Legende
          Forum|alt.badge.img+44
          • bs0Legende
          • Legende
          • June 1, 2018
          The contract comes into effect when you sign it, but the 24 months and your obligation to pay commence when o2 connects the line and starts providing the service. This doesn't mean that you have a right to cancel though, and o2 can still charge you from the date the line is connected, even if you don't have a router.

          The shops can in theory process a cancellation for their customers if they choose to. There is no right to do this and most shops won't, and o2 can in theory refuse to accept the cancellation if they see no grounds for it. If the shop you visited is prepared to cancel your contract then that's fine. In any case you will need to sort it out with the shop directly.

          In einem Diskussionsforum werden Meinungen ausgetauscht. Meine Beiträge in diesem Kunden-helfen-Kunden-Forum stellen meine persönliche Meinung dar.
            Allgemeine Nutzungsbedingungen der O₂ CommunityAccessibility statement
            © Telefónica Germany GmbH & Co. OHG Telefónica