Ask a lawyer on the topic of Contract law

Mobile phone contract extension

October 8, 2009 | 35,00 EUR | answered by Steffan Schwerin

Hello, I'll try to keep it short. I received a call from my telephone provider's service provider regarding a contract extension with a new phone. However, the phone he sent was a disgrace (valued at 50 euros), so we returned it within 2 weeks (as a parcel, so there is no proof of when it arrived). During the first call with the clerk, we expressed our desire to cancel the contract, but he said it was not possible as the 2-week deadline had passed. He did confirm the receipt, though. During the second call, I admitted defeat in our struggle (as we have no proof of when the phone arrived) and agreed to a different phone, which is now being sent to us again.

Question:
Can I now return the "new" phone within the 2-week period and cancel the contract extension? By sending another phone, hasn't the service provider confirmed the timely receipt of the previous device and therefore called into question the contract extension once again? In theory, I should only be entitled to the cheap phone.

Steffan Schwerin

Dear questioner,

I will answer the questions you have raised, taking into account the circumstances described and your efforts, as follows:

You extended your telephone contract and received a new mobile phone for it. Since it did not meet your requirements, you exchanged it.

This is fine so far. However, there is no longer an option to revoke the contract extension. Termination is only possible at the end of the contract term or exceptionally for substantial reasons.

Within 14 days after the contract extension or after receiving the 1st mobile phone (depending on how the provider made the revocation notice accessible to you), you could have revoked the contract declaration, according to § 355 BGB.

If you did not receive a revocation notice, there is no deadline here and you can still revoke now.

By exchanging the mobile phone, the revocation period did not start anew. If there is a 14-day revocation period running, it already started with the contract extension. The exchange of the mobile phone did not restart the period in any case.

Your only hope here is to be able to exit the contract prematurely out of the provider's goodwill. Otherwise, you are obligated to fulfill the contract until the end of the term.

I would like to point out that this platform cannot replace a detailed and personal legal consultation. The aim is solely to provide an initial rough assessment of your legal issue based on the information you have provided by a lawyer. The legal advice I provide is based solely on the information you have provided. Adding or omitting relevant information in your description of the situation can lead to a completely different legal assessment.

I hope I have given you an initial overview and that my explanations have been helpful. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am also available for legal representation. I would credit the initial consultation fee in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication tools such as email, post, fax, and telephone, legal representation is also possible.

Sincerely,

Steffan Schwerin
Lawyer

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