What to do if there are problems with the delivery?
Simply have your Christmas presents delivered to your door from your shopping cart? Sure, that's convenient. But if there are problems with online shopping, consumers should know their rights.
Many city centers are full, especially on Advent weekends. People are bustling between Christmas market stalls and retailers, possibly still needing to buy their last presents. "It's more relaxed from the comfort of your own sofa", some people may think and prefer to order online. Then everything just has to go smoothly with the delivery. And if not? What rights do consumers have if ...
... the delivery doesn't arrive?
"Then the purchase contract between the buyer and retailer has simply not been fulfilled," says Iwona Husemann from the NRW consumer advice center. Anyone who has waited in vain for the delivery should contact the respective provider and point out that the ordered goods have not arrived.
If the delivery has been lost in transit - for whatever reason - the retailer bears the risk. Consumers are then entitled to a refund of any money they may have already paid. "However, consumers are not legally entitled to have the retailer send the lost goods a second time," emphasizes Husemann. In case of doubt, a new order must be placed.
... the delivery is late?
Online stores must specify a delivery date for goods. "Vague delivery times are anti-competitive," clarifies Steffen Kämper, specialist lawyer for industrial property protection in Gütersloh.
If a product is labeled as "available for immediate delivery", customers can expect that the product will actually be delivered immediately. If nothing happens for days, consumers can set a reasonable deadline for the seller, who is in default, to make up for the delivery. This deadline should be accompanied by an announcement to withdraw from the contract if this deadline also passes without the goods having arrived. If the retailer still fails to deliver within the grace period, the customer can withdraw from the purchase contract.
Important to know: Retailers who are unable to deliver a product often offer a replacement product with the same or similar features. However, according to the NRW consumer advice center, customers do not have to accept this. They can insist that the goods originally ordered are delivered within the deadline.
Anyone who is then again only offered or supplied a replacement can withdraw from the purchase contract. In this case, consumers do not have to pay anything and any money already paid will be refunded.
If there is a problem with the retailer in this or a similar case, consumers can visit the European Commission's online dispute resolution website to find out who to contact to resolve the problem.
... the delivery is incomplete?
Every customer has a right of withdrawal. "This means that he or she can return a delivery received within 14 days without giving reasons," says Kämper.
In any case: "Make a record of the incomplete delivery," advises Kämper. He gives an example: a woman has ordered two electric fan heaters, but only receives one. "In this case, it is a good idea to document the weight of the parcel as stated by the deliverer and also to take a photo of the contents of the parcel using a smartphone, for example." With this evidence, those affected can now contact the retailer and request that they ensure a full delivery by setting a deadline.
... too much is delivered?
The same applies here: contact the retailer, for example by email, and inform them of the overage. A returns slip is usually included with online orders. "In any case, customers have the right to return goods that have been delivered in excess at the retailer's expense - and not at their own expense," says consumer advocate Husemann.
... the delivery is faulty?
"In general, the customer can also make use of their right of withdrawal here and simply return the defective delivery," explains Kämper. If a buyer does not want to exercise their right of withdrawal, they must decide: either a replacement delivery - or give the retailer the opportunity to repair the item.
The buyer must allow the retailer a reasonable period of time to repair the product. If the retailer is unable or unwilling to repair the goods, the buyer has the option of withdrawing from the contract. She can then return the defective goods at the retailer's expense.
An alternative to withdrawing from the contract is to reduce the price. A corresponding right to reduce the price is provided for by law.
What happens again and again: Defects in the delivered goods are not noticed immediately. However, the warranty right, which is enshrined in the German Civil Code, only ends after two years for many things and is available to every customer. If a defect occurs within the first twelve months after purchase, it is assumed that this defect existed from the outset. Only after more than twelve months does the buyer have to prove that the goods were already defective at the time of purchase.
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In some cases, consumers may seek advice from an advisor, such as the deutsche post's Consumer Advisory Service or DHL's Customer Service, to help navigate delivery-related issues.Some retailers, like deutsche post and DHL, have established Consumer Centers to assist consumers with their queries and complaints related to delivery services.If consumers are concerned about their consumer protection rights, they can consult with the local Consumer Protection Authority or seek guidance from a consumer advocacy group, such as the NRW Consumer Advice Center.
Source: www.ntv.de
