What options do I have if my online purchase was not delivered?
September 17, 2023 | 40,00 EUR | answered by Friedhelm Krebs
Dear lawyer,
I am reaching out to you because I need help with an issue regarding an online purchase. About two weeks ago, I ordered a laptop through an online store that I urgently need for my work. The delivery time was stated as three to five working days, however, to date, no delivery has arrived.
I have tried to contact the customer service of the online store several times, but I have not received any response to my inquiries. I am worried that my money is lost and that I will never receive the laptop.
I have already made a payment by credit card and therefore cannot simply reverse the payment. What options do I have in this situation? Can I take legal action to reclaim my money or to receive the laptop in another way? Are there any specific laws that protect me as a consumer in such cases?
I would be very grateful if you could help me with this issue and provide me with possible solutions.
Best regards,
Alwin Köhler
Dear Mr. Köhler,
Thank you for your inquiry regarding your issue with an online purchase. It is understandable that you are concerned, as the delivery of the ordered laptop has not yet arrived and the customer service of the online shop has not responded to your inquiries. In such cases, it is important that you know your rights as a consumer and take legal action if necessary to reclaim your money or obtain the laptop in another way.
First of all, it is advisable to continue to contact the customer service of the online shop. Try to get a response through various channels (email, phone, contact form on the website) and clearly state your concerns. Also, provide a reasonable deadline for the delivery of the laptop and threaten legal action if no solution is found.
If the online shop continues to be unresponsive and the delivery of the laptop remains outstanding, you as a consumer have various legal options to reclaim your money. First, check if the online shop's terms and conditions or withdrawal policy contain provisions regarding delivery time and delivery delays. If a specific deadline is set and has been exceeded, you may be able to terminate the contract and request a refund.
Furthermore, the statutory right of withdrawal grants consumers a 14-day withdrawal period in online commerce. Even if the laptop has not been delivered yet, you may be able to exercise your right of withdrawal and cancel the contract. In this case, the online shop would be obliged to refund the amount you have already paid.
If all these measures prove unsuccessful, as a last resort, you can take legal action. You could engage a civil law attorney, like myself, to enforce your claims. Together, we could assess whether a judicial dunning procedure or a claim for performance of the contract or damages is appropriate.
In summary, there are several options to proceed in your case. I recommend that you continue to contact the online shop and consider exercising your right of withdrawal if necessary. If no satisfactory solution is reached, I am at your disposal to explore further legal steps and support you in your matter.
Yours sincerely,
Friedhelm Krebs
