How can I assert my right of withdrawal in a contract?
February 10, 2022 | 50,00 EUR | answered by Friedhelm Krebs
Dear Civil Law Attorney,
I am reaching out to you because I urgently need help in enforcing my right of withdrawal in a contract. The situation is as follows: Two weeks ago, I entered into a contract to purchase a product. After careful consideration and research on the internet, I have realized that I want to withdraw from the contract because I am not satisfied with the product and it does not meet my expectations.
I have already tried to contact the seller and declare my withdrawal in writing, but he has refused to acknowledge my withdrawal. He argues that I entered into the contract legally and therefore no longer have the right of withdrawal. I feel powerless and frustrated in this situation, as I would like to enforce my right of withdrawal but do not know how to proceed.
Therefore, my question to you is: How can I enforce my right of withdrawal in this contract? Are there any legal steps I can take to force the withdrawal? What options do I have to successfully pursue my request and get my money back?
Thank you in advance for your support and I look forward to your expert advice.
Sincerely,
Marco Reuter
Dear Mr. Reuter,
Thank you for your inquiry regarding your right to withdraw from a contract for the purchase of a product. I am sorry to hear that the seller is refusing to acknowledge your withdrawal and that you are frustrated in this situation. I would like to assist you with my expert advice and show you possible legal steps to successfully enforce your right to withdraw.
First of all, it is important to mention that consumers in Germany have a statutory right of withdrawal for distance contracts. This means that as a consumer, you can withdraw from the contract within a period of 14 days after receiving the goods without giving any reasons. This period starts from the moment you have taken possession of the goods.
In your case, it seems that you have declared the withdrawal within this period, but the seller does not accept it. In such a case, it is important that you can prove that you declared the withdrawal within the deadline and properly. This can be done, for example, by a registered letter with acknowledgment of receipt or an email confirmation.
If the seller still does not acknowledge your withdrawal, you have the option to take legal action. For example, you could involve a lawyer who will take action against the seller on your behalf. Your lawyer can file a lawsuit for the establishment of the right of withdrawal and the reversal of the contract with the competent court.
Furthermore, you could also involve the consumer protection agency, which can negotiate with the seller and possibly bring about an out-of-court settlement. It is important to carefully document all evidence such as the purchase contract, the withdrawal, and all communication with the seller to strengthen your legal position.
In conclusion, I would advise you not to give up prematurely and to consistently pursue your right of withdrawal. With the support of an experienced lawyer, you have a good chance of successfully enforcing your request and getting your money back.
I hope that my explanations have been helpful to you and I am available for further questions.
Yours sincerely,
Friedhelm Krebs, Attorney specializing in civil law
