Can I cancel my contract with an online shop if the goods do not meet my expectations?
May 2, 2022 | 50,00 EUR | answered by Friedhelm Krebs
Dear lawyer,
My name is Dirk Voss and I recently ordered a high-quality digital camera through an online shop. Unfortunately, the delivered goods do not meet my expectations, as the camera does not have the promised resolution and the image quality is significantly worse than advertised.
I have already contacted the online shop and requested a return of the goods, however I was informed that a return is not possible, as it is a special offer and therefore there is no right of withdrawal.
I am very upset about this situation, as I have suffered a significant financial loss due to the incorrect product description. Therefore, I would like to know if I still have the right to withdraw from the contract with the online shop and return the goods.
Are there any legal options to get my money back and return the unusable camera? What steps should I take as a customer now to exercise my right of withdrawal and limit the damage?
I look forward to your legal advice and support in this matter.
Sincerely,
Dirk Voss
Dear Mr. Voss,
Thank you for your inquiry regarding the inadequate digital camera you purchased from an online store. I am sorry to hear that you are not satisfied with the delivered goods and that the online store is refusing to take back the camera.
In your case, this is a matter of consumer law and warranty law. Let me first tell you that as a consumer, you generally have a right of withdrawal when ordering goods online. This means that you can usually revoke the contract and return the goods within 14 days of receiving them without stating a reason.
It does not matter whether it is a regular item or a special offer. The right of withdrawal generally applies to all contracts concluded online, unless they involve specifically exempted products such as personalized goods or perishable items.
In your case, you should therefore once again declare your withdrawal in writing to the online store and return the unusable camera. You have the right to withdraw from the contract and request a refund. If the online store continues to insist that there is no right of withdrawal, I recommend contacting consumer protection agencies or a lawyer to enforce your rights.
Furthermore, as a consumer, you are entitled to warranty if the delivered goods do not meet the agreed quality. In your case, it seems that the camera is not functioning as described. Therefore, you can also assert warranty claims to request repair, replacement, or a refund of the purchase price.
In summary, I recommend declaring your withdrawal in writing, returning the camera, and asserting your warranty claims. If the online store continues to be uncooperative, you should consider taking legal action to enforce your rights as a consumer.
I hope this information is helpful to you and I am available for further questions and support.
Sincerely,
Friedhelm Krebs
