Money Back if you decided not to have a product – which can be difficult. The Federal Court now again decided how far the right of withdrawal for online purchases is: very far
Actually, the mattresses probably nothing wrong.. But on the Internet to a “Price Match Guarantee” offered apparent bargains there were cheaper elsewhere. The customer withdrew the contract, as the dealer the difference did not refund. The withdrawal did not accept the company. The buyer wanted to return the purchase price and went to court. (Ref .: VIII ZR 146/15)
What was it?
The dispute was whether the revocation of a mattress purchase was ineffective because the customer justified it with the fact that the merchant a “Price Match guarantee” had not been respected. In this case, a man had ordered two mattresses on the Internet at a company in January 2014 which had advertised this warranty for the goods. When the buyer discovered the mattress cheaper elsewhere, he wanted to return the money overpaid. The company would not hear; the customer withdrew the contract and sends back the mattress. The company refused then but to refund the money for the already paid goods.
What did the BGH now decided?
As well as the two courts below gave the Supreme Court the applicant customer right. Because of the cancellation of a purchase contract must – Tiefpreisgarantie or not – do not be justified. ie purchases that are made about the phone or even the Internet – ie
The right of withdrawal in so-called distance sales, the buyer gets his money
What the Withdrawal exactly is.? – is to give customers the opportunity to inspect the goods. He looks so initially not “in real”. The customer can then explicitly return the goods without giving reasons within 14 days. Are the form and period of withdrawal guaranteed, the company has to refund the money.
46 pages ! PDF – 9.99 €
And if I want to keep the goods - as I defend myself against false low price guarantees
About using consumer centers or Wettbewerbszentrale?. The Higher Regional Court (OLG) Hamburg, for example, set 2011 clear that companies must conform to the lower price of the competition in dispute (Ref .: 5 U 160/11). At that time the Central Agency had complained on behalf of a customer who had bought a coffee at a Media Markt store and those around 250 euros discovered cheaper despite Tiefpreisgarantie the competition.
What is generally keep from low price promise?
These mating calls often have a cloven hoof. Many companies advertise, restrict price guarantees at the same time but one. You can apply some or limit it to a specific region only for certain products. Even if the customer has demonstrated that the product is cheaper elsewhere, they refuse not uncommon to pay the difference. Consumer advocates doubt that these price guarantees really benefit the customer. "It is often advertised with low prices which are no" explains Dunia judge of the Consumer Baden-Württemberg. "The customer relies then blind in the low-price promise - rather than research itself and so to find the actually cheapest product."
After this video you will want to immediately buy a new mattress
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