Online order at Alice
September 21, 2009 | 20,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
This is regarding an online order made with Alice.
(Offer AliceFun)
When entering the data, there is an option to check a box:
"waive the right of withdrawal" in order for the order or installation to happen faster.
However, the situation is as follows:
I did not make the online order for myself, but simply for my brother without him knowing. He was on vacation at the time but wanted a connection. However, he already has a connection with Kabel Deutschland. So I have cancelled the order within the withdrawal period by registered mail.
The response from Alice today was that this is not possible because the box was checked. After a phone call, it was suggested that a special termination might work, in which my brother explains again that it was not him personally and he was not aware of it. However, I am not sure if this termination will be effective, considering that this was already explained in the initial withdrawal.
As I mentioned, it was not him who placed the online order, and I believe there must be a way to terminate it somehow.
Thank you in advance for your response.
Dear inquirer,
Thank you for your inquiry!
I would like to address your question as follows, taking into consideration the situation you have described:
Simply checking a box does not effectively waive the right of withdrawal under distance selling regulations. An effective waiver has never taken place. While your brother could claim a special cancellation right, it would be better to adhere to the withdrawal already declared.
It would be advisable for your brother to retroactively approve the contract conclusion so that you can effectively exercise the right of withdrawal on his behalf.
In this context, it would be safest to proceed on two tracks. You should refer again to the withdrawal you declared and additionally (as a precaution) declare the withdrawal on his behalf with a corresponding written authorization from your brother.
I would like to point out the following to you:
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 and cannot replace a comprehensive examination of the circumstances.
Adding or omitting relevant information can lead to a completely different legal assessment.
I hope that my explanations have been helpful to you. Please feel free to contact me through the follow-up option on this platform or via my email address.
I am also available for further legal representation. If you choose to engage my services, I would credit the initial consultation fee you paid here in full.
I wish you a pleasant day!
Kind regards,
Dipl.-jur. Danjel-Philippe Newerla, Attorney-at-law
Heilsbergerstr. 16
27580 Bremerhaven
kanzlei.newerla@web.de
Tel. 0471/3088132
Fax 0471/3088316
