Name and address on order confirmation wrong? un underwearKind82
Can the dealer challenge my purchase contract? mi miraMurky640
Private purchase through eBay classifieds and money is not paid? Ga Gabrielle439
Following case:
Last Thursday I ordered a notebook online (B-Ware) at a very good price / performance ratio. The same day I received the order confirmation to order. Two days later, I was informed by e-mail that the notebook is not available due to a shortage and therefore the paid money is returned to me.
Can I insist, especially on the basis of the order confirmation, to get a comparable or the same notebook (as A-Ware) for the same price?
In case of doubt, that will be decided by a judge. Namely, whether a declaration of error made two days after acceptance of the order invalidates the contract of sale.
Really, nobody can predict that here. Since you have to either get it on it, or you are at the dealer a price advantage for A-Ware out. The online retailers but usually not necessary.
Refer to the terms and conditions, whether the dealer resignation, a conversion (other device) or reduction (other device at a cheaper price) due, if delivery problems are detected.
If nothing in this direction is in the terms and conditions, you can insist on contract performance, another device for the same price, a cheaper device or money back demand. That's your decision.
The same day I received the order confirmation to order.
Was this an express order confirmation or just the (legally required) order confirmation? These are legally two completely different things.
If nothing stands in this direction in the terms and conditions, you can insist on contract fulfillment,
For this, a legally valid contract would first have to have come about.
That was expressly an order confirmation.
Did not it come about through order and order confirmation?
OK. In this case, it is a piece of fault, because there's this device ("B-commodity" with certain signs of use) only once / gave.
For the dealer applies § 275 BGB.
Can you copy the text of the order confirmation here - or set a picture / screenshot?
That No claim on my part, because performance is unattainable?
The mail is nothing special - just the notebook, price, delivery, etc. - as usual. But clearly marked as order confirmation. I have received an order confirmation before.
Which provider was that?
Notebook cheaper
