Have a laptop for about 1250 euro at a large Internet provider Ordered. This is B-commodity!
Put down in the price of 2000 euro.
A whole weekday later I get an e-mail that the article is no longer available, and I should either cancel or should take another device.
Problem here something comparable, which I do not agree, unfortunately, or nothing that does not increase drastically in value.
So I want exactly this laptop. And above all, it should be quick. That's the annoying thing. So I would have to wait several days for my money and should actually have been in possession of the product for a long time.
Still can't order another one, because the money is missing.
Is the seller obligated to deliver this, or even an A-ware device?
The money was debited after 1 business day? That was pretty fast.
Usually send online merchants after receiving such an order only one mail out that your request has arrived and not more.
The dealer can no longer deliver this device because he no longer has it. Therefore, this is excluded. That he would be liable for damages in the form of a new device I would rather not expect.
You would now need to know what's in the emails that were sent to you. Actually, the online retailers send out an acknowledgment first. This is not yet a contract of sale. If the online retailer has already accepted your application, then you have the right to delivery of the purchased item. How many e-mails did you get, with what content? That you should cancel sounds like you might already have a contract, but that would be atypical.
I think already a very trustworthy provider.
The whole Lief as financing, so I made the down payment.
In the mail was just that the article was no longer available, and the question of whether I want to cancel or buy another device.
And there was of course an e-mail for the order confirmation.
Was not the idea that your dealer wants to cheat somehow. Was just surprised that after 1 working day already money is gone… But yes down payment makes it possible
He offers you just what he can. Execute your order is of course no longer included
See answer to zonkie.
Yes, he must also send only is / should the order confirmation regemläßig not be the order confirmation with which he accepts the purchase contract legally.
(If the dealer with the order confirmation can now be legally credited then the professionals have to decide.) As a rule, the dealers do not want that and at least formulate accordingly… But as I said for such a thing there would be lawyers)
Thanks in advance for your answers!
In the announcement should assist: "Errors, changes and prior sale reserved, all information without guarantee." That would be the de facto implemented § 119 BGB.
If you have been able to take notice of this condition before the contract is concluded, you have accepted it.