Purchase via the internet.
July 20, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
On 21.05.2009, I ordered goods over the internet from the company Maxis Babywelt. I waited, but the goods did not arrive, nor did I receive an invoice or reminder. On 17.06.2009, I then received a demand from a debt collection agency (mediafinanz) to immediately pay the value of the goods amounting to 60.89 euros plus approximately 60 euros in fees. I called them and was informed that I had ordered the goods with prepayment and had not fulfilled my obligation. In a letter dated 13.07.2009, the debt collection agency now threatens me with a court order for payment. I did not receive any goods and I am not aware of having chosen prepayment. I usually order and pay on account. This was also my assumption this time. The terms and conditions of Maxis Babywelt are not visible online, as I receive an error message. My question is, do I have to pay??? The fees charged also include reminder costs from the company, but I have not been reminded by anyone.
Dear seeker of advice,
Thank you for your inquiry!
I would like to address your questions considering your input and the situation you have described:
It is questionable whether you are actually in default. If you have not received an invoice so far, then you are not in default (unless you did not enter into a contract as a consumer with the company Maxis Babywelt, which I do not assume based on your description).
This is regulated in § 286 Abs. III S.1 BGB, which reads as follows:
"The debtor of a payment claim is at the latest in default if he does not pay within 30 days after the due date and receipt of an invoice or equivalent payment statement...".
Since you have not received an invoice or payment request, you are not in default. The other party must generally prove the receipt of an invoice.
Normally, an invoice is issued even for advance payment orders.
However, if you did indeed place an order with advance payment, there is still the possibility that you may be in default if a specific due date is determined in the terms and conditions of the website (e.g. payment immediately or 7 days after ordering, etc.).
I cannot say from a distance whether this is the case for you, as I am not familiar with the terms and conditions of the relevant website.
Regardless, the requested collection costs are grossly excessive, and you should challenge the collection demand.
In conclusion, it is advisable to engage a local colleague to represent your legal interests, especially if you have legal expenses insurance, as you would then have no financial risk.
I hope this provides you with an initial legal orientation and wish you success and all the best!
I would like to point out the following:
The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation, which cannot replace a comprehensive evaluation of the facts. Adding or omitting relevant information may result in a completely different legal assessment.
I hope my explanations have been helpful. You are welcome to contact me through the follow-up option on this portal or via my email address.
I wish you a pleasant Monday evening and a good start to the week!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax: 0471/3088316
