Mobile phone contract: 14 days for withdrawal

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Have you signed a mobile phone contract and have now decided differently? Most of the time, you are unlucky and there is nothing you can do. However, under certain circumstances you may withdraw from the contract, you have 14 days to withdraw.

When you conclude a mobile phone contract, you do not always have the right to withdraw.
When you conclude a mobile phone contract, you do not always have the right to withdraw.

What you need:

  • Doorstep selling
  • Distance selling
  • Material defect

Mobile phone contract - 14 days cancellation does not always apply

  • In most cases it is the case that retailers take back the purchased goods from the customer or exchange. They are not legally obliged to do so, rather they do it out of goodwill in order to keep their customers. With a mobile phone contract, things are different. So if you recently signed a contract in the mobile phone shop, you are bound to it and will certainly not have a chance to get out of it again without any reason.
  • But sometimes you have a chance of withdrawing from the contract. Whether this is the case for you depends on how and where you signed this contract.
  • With so-called "doorstep selling" you have a statutory right of withdrawal of 14 days in accordance with § 312 BGB in conjunction with § 355 BGB. Doorstep selling is when the mobile phone contract is offered to you in your private premises, at a leisure event or at your work place. became.
  • This right of withdrawal was introduced by the legislator because many consumers opt for a Feeling taken by surprise and reacting differently in such situations than when they are in go to a store.
  • You also have 14 days to withdraw if you subscribe to your mobile phone contract exclusively by means of distance communication (e. B. Internet or telephone) (§ 312c BGB and § 312d BGB). The background to this regulation is that you as a consumer do not see or do not see the goods in such "distance sales". can examine in detail.
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Resignation due to material defect

  • If you conclude a mobile phone contract directly in the store and you change your mind after a few days, you have no statutory right of withdrawal. You have to keep this cell phone for better or for worse.
  • However, if the cell phone has a material defect, things look different again. Because the seller is obliged to sell you a flawless product, provided that he declares it as such. This means that the cell phone must not have any faults or defects.
  • However, if you notice at home that the mobile phone is not working, you have 14 days to complain about the error to the seller.
  • Because he has not fulfilled his obligation under the sales contract, he has to correct this. He must first ensure that the error or Defect is corrected, or he will exchange the defective cell phone for a new one.
  • If the seller can neither fix the defect nor give you a new cell phone, you can use your Make use of the statutory right of withdrawal by giving him back the cell phone and he will give you the money you have already paid returns. In this case, the mobile phone contract is void.

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