Ask a Law Question, Get an Answer ASAP!
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
How did you pay for it?
Thank you and how much was it for?
Did you have the contractual right to cancel the transaction and get a refund and can they not still supply the equipment?
And finally are you not willing to receive the equipment still?
Thank you very much for clarifying. First of all it is important to consider that the company has not done anything unlawful by continuing to advertise the equipment even after it had sold it to you. The key is if they were going to supply what you paid for and if they did – then what happens with the advertising of the equipment to others is irrelevant.
Secondly, you would not have had the automatic right to request a refund. This would have only been possible if the company gave you that right under their terms of purchase or they had clearly breached the purchase contract. In your case I do not see that either applied so you would be expected to proceed with the purchase and get the goods, as long as they are still willing to supply them.
Only if they refuse to supply them will you then be able to request a refund. The main difficulty then is if they refuse to issue thew refund, you will have to look at potential legal action but as they are based in Germany and you are in the UK, it may mean issuing a claim over here and then seeking to transfer the judgment to Germany.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best