Waiver of withdrawal
February 2, 2010 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
I have signed a contract with an internet provider online. Since the connection was supposed to be fast, I waived my right of withdrawal by checking an extra box.
After submitting the data, I realized that there is an even cheaper contract available.
The internet provider will only change the contract after the access I ordered is activated. If they don't do it, I have nothing to prove it. They will only confirm the switch to the cheaper tariff once the ordered tariff is activated. The access is supposed to be activated on 9.2.10.
My question:
Is the waiver of withdrawal legally binding, or do I still have the right as a consumer (private person) to withdraw from the contract within the 4-week period?
Is it a problem if the hardware that was sent has already been accepted, or can I simply return it?
Dear seeker of advice,
thank you for your inquiry!
Regarding 1.) Is the waiver of the right of withdrawal binding, or do I as a consumer (private individual) still have the possibility to withdraw from the contract within the 4-week period?
Simply checking a box cannot extinguish your right of withdrawal. If the waiver of withdrawal was only completed by checking this box, the waiver is invalid. The standard withdrawal period is 14 days. However, if the provider has stated four weeks, they must adhere to this.
Regarding 2.) Is it a problem if received hardware has already been accepted or can it simply be returned?
No, you can simply return the hardware. According to § 312d paragraph 3 BGB, the right of withdrawal for a service also expires if the contract has been fully fulfilled by both parties at the express request of the consumer before the consumer has exercised their right of withdrawal.
If I understand correctly, the provider has not fully provided their service, nor has the hardware been sent at your express request before the withdrawal period expires, so the right of withdrawal has not expired.
I hope my explanations have helped you. You can of course contact me within the scope of the follow-up option on this portal or via my email address.
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 a first legal assessment of the situation and cannot replace a comprehensive assessment of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.
I wish you a pleasant Tuesday afternoon!
Kind regards,
Dipl.-Jur. Danjel-Philippe Newerla, Attorney
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax.0471/57774
