You can refuse a delivery
If the order is not delivered on time
If online shops offer goods, they must also specify the delivery date. For example, if a retailer marks their goods on the Internet as "immediately available", the product must actually be able to be delivered immediately at the specified price. It's only annoying when nothing happens for days.
In such a case, you should set a deadline for the seller to catch up on the delivery. This period has to be reasonable - which is a matter of the individual case. In principle, you can orientate yourself on the original delivery period.
If the dealer does not deliver within the grace period, you can withdraw from the contract. This applies even if the parcel service and not the retailer is responsible for the delay.
In online shops, in contrast to on-site shops, you often only find out about delivery problems when you have already clicked on order and possibly paid for the goods. The delivery times are also gladly changed afterwards: Where the order was two to three days (as an example) it suddenly turns eight to nine.
You do not have to accept substitute products
Some then offer replacement products with the same or similar features. However, you do not have to get involved in this and can insist on delivery of the original goods within a reasonable period of time.
If you are then only offered or delivered a replacement offer, you can also withdraw from the contract. You then do not have to pay or you will get the money back. If the dealer turns it wrong, you can sue him.
By the way, you have to send back received goods in any case - even if you had already withdrawn from the contract when the package arrived. You can then get the postage back from the dealer.
Revocation is an alternative
In principle, you can revoke any sales contract within 14 days of receiving the goods. If the goods do not arrive on time and you want to break away from the contract as quickly as possible, revocation makes more sense than withdrawal. Attention: If the goods still arrive, you will have to bear any costs for a return if the entrepreneur has informed you of this obligation in advance.
If, on the other hand, you are still interested in the goods you have ordered, you should first set the delivery deadline and, if necessary, then withdraw from the contract.
Special features of the smartphone contract with the device
And what about cell phone contracts with a device that is not delivered as advertised? It must be checked whether you actually bought the device or received it as part of a so-called "transfer of use". The advisors at the consumer advice centers can help with this.
If you have concluded a purchase contract for the device, you are also entitled to withdraw from the contract after the delivery date has expired if the dealer has also allowed a reasonable deadline for delivery to elapse.
It is also important that the conclusion of the actual tariff and the purchase of the smartphone are two different contracts. Withdrawal from the purchase contract does not initially affect the term contract of the tariff. The contracts can, however, be linked to one another and thus viewed as a unit. When this is the case must be checked individually in each case. The advisors at the consumer advice centers can also help with this.
If there is trouble with the delivery date and the repayment of the money, you may also be dealing with a fake shop. Serious online shops usually deal with your problems and pay your money back, for example in the event of a cancellation or resignation.
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