How can I effectively cancel a contract?
August 15, 2023 | 40,00 EUR | answered by Gertrud Knorr
Dear lawyer,
I am reaching out to you with a question regarding contract law. I recently entered into a contract that I would like to revoke. It is a purchase contract for a product that I bought online. Unfortunately, the product does not meet my expectations and I would like to exercise my right of withdrawal.
The contract was concluded about a week ago and I have not used the product yet. I have already contacted the seller and declared my right of withdrawal in writing. However, the seller has not yet responded to my request and I am now concerned that my withdrawal may not be valid.
How can I ensure that my withdrawal is legally valid and the contract is effectively revoked? Are there any specific deadlines I need to adhere to? What steps should I take to enforce my withdrawal and get my money back?
I thank you in advance for your support and advice on this matter.
Sincerely,
Wilhelm Maier
Dear Mr. Maier,
Thank you for your inquiry regarding the cancellation of a purchase contract under contract law. It is understandable that you are concerned about whether your cancellation is legally valid and how you should proceed to get your money back. I will now explain in detail how you can effectively enforce your cancellation.
First of all, it is important to know that when you have entered into an online purchase contract, you have a statutory right of withdrawal according to § 355 BGB. This right of withdrawal allows you to cancel the contract within 14 days without giving any reasons. The period starts from the moment you received the product.
In your case, you have not used the product yet, which is positive as you have not caused any depreciation that could later be charged to you. You have already contacted the seller and declared your cancellation in writing, which is correct. It is important to declare the cancellation in writing so that you have evidence in case of a dispute.
Since the seller has not responded to your cancellation so far, I recommend contacting them again in writing by registered mail with return receipt or by email with read receipt. Give the seller a reasonable deadline to respond to your cancellation, for example, 7 days. If the seller still does not respond after this deadline, you can contact me as a lawyer to consider further legal steps.
It is important to keep all communication with the seller in writing and keep it for evidence in case of a dispute. Also, make sure to properly pack and return the product if the seller requests it. Once the seller has accepted the cancellation, they are obligated to refund you the purchase price as well as the shipping costs.
I hope this information helps you and I am available to clarify any further questions or support you with legal steps. Good luck in enforcing your cancellation and getting your money back.
Sincerely,
Gertrud Knorr
