Beim Einkauf im Ladengeschäft gibt es kein gesetzliches Widerrufsrecht in Deutschland.

Das Widerrufsrecht gilt nur für Fernabsatz (Online-Bestellungen, Bestellung per Telefon etc.).

The refund regulations you are referring to do not apply to contracts signed in a shop. The shops can decide themselves if they want to consent to a cancellation but they are under no legal obligation to do so and most won't because that means losing commission.

As it is a flex contract you can terminate it with just one month's notice, but you are not entitled to a refund.

I have to disagree with your argument.

If the contract signed at the shop differs from the contract signed online, your argument is right. But the contract at the shop also has the term of “14 days withdraw” and the legal entity is “Telefónica”, which is exactly the same as the one signed online. It means that Telefónica consented the shop to act on its behalf. According to the mutually signed contract, Telefónica is the provider of the Internet service and thus the final beneficiary of the money. Unless the contract in the shop has different term, I don’t think that Telefónica can legally get away from the responsibility.

You should first look at the legal status of the store. Possible are

real o2-shops with o2-staff

Franchisees under O2-naming

Independent merchants with o2 distribution agreement, often with additional offers

Pure intermediaries

In corporate groups, it is also common to form economically separate units for consumer direct business, wholesale, OEM business and subsidiary brands. Therefore, a store is NEVER in the same business track as the online business. Or explained as an example:
If you buy a VW and then claim the warranty from SEAT, it's more or less the same situation with o2 and the stores.

By the way - Telefonica is the group parent here and you have a contract with a subsidiary, if not a distribution channel independent of Telefonica,

You have to read exactly! The 14 Days withdraw are for Datenschutz not for the contract!

@kachelofen You can disagree if you wish, but regardless of the corporate status of the shop, the 14 days apply only to so-called distance-sold contracts, i.e. telephone, online, post or on the doorstep. This has nothing to do with Telefonica as a company but is a statutory rule that can be found in sections 312g and 355 of the German Civil Code. If a shop voluntarily agrees to allow you to withdraw from a contract, then this is their decision as the retailer due to a policy decision by the company. It has nothing to do with taking or not taking responsibility.

@Klaus_VoIP has explained in detail the situation regading the legal entities under Telefonica as a parent company, which is not as clear-cut as you appear to think and in any case has nothing to do with the statutory right to withdraw from a contract.

Hello @kachelofen ,

welcome to the o2 Community .

I see that you’ve already received plenty of information from our users here. A contract that you’ve signed in a shop differs from one that you’ve entered online or by calling our hotline, as you do not get the 14 day withdrawal period in this case. The shop itself can agree to one, but that is their decision alone. Luckily enough you entered into a Flex contract so you can end it quickly, if you’ve already sent in your cancellation request.

Kind regards, Sven