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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 72495
Experience:  Qualified Solicitor
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I Launched into an agreement with a company in Germany to

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I Launched into an agreement with a company in Germany to buy a piece of equipment, I paid and then found out they were still listing the same piece of equipment. I asked for a refund but it seems I am being ignored. Im just wondering what sort of recourse I have?
JA: Have you talked to a lawyer about this? In which country do you live? If different, which country is your legal question related to?
Customer: I live in the UK i have not talked to anyone.
JA: What steps have you taken so far?
Customer: I have emailed the company and asked for a refund on 4 separate occasions.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Its a business to business transaction.

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?

Customer: replied 6 days ago.
Bank Transfer from Lloyds Bank

Thank you and how much was it for?

Customer: replied 6 days ago.
Customer: replied 6 days ago.
Its an established company and they have been trading for some time.

Did you have the contractual right to cancel the transaction and get a refund and can they not still supply the equipment?

Customer: replied 6 days ago.
I sent a purchase order. There were no terms and conditions relating to cancellation on their invoice and none on their website. They say they can still supply the equipment.

And finally are you not willing to receive the equipment still?

Customer: replied 6 days ago.
I suppose I could but the whole thing has left a bitter taste in my mouth. I have no faith in the company as their dealings seemed underhanded.

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.

Customer: replied 6 days ago.
Thank you for your help Ben.

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

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