Thema "Re: I need my money back ." in Archiv_Kabel

I need my money back .

Aqv_ayli04 — Fri, 16 Aug 2019 08:50:56 GMT

Hello dear chairman,
I am living in Fürth,
I am writing you because one month ago a guy from Vodafone came to my house ,his Name is ***, this is his number : +49 162 ***, he asked me if i need Internet and router, i said no . After two weeks i got the router which i never asked , i am not even costumer for vodafone, because i even changed my sim card . I was calling that guy and he never answered . And vodafone already took money from my card , 120€, but i don't need router even i didnt open its box , and i sent back the router with all documents, that guy lied to me and now he doesn't answer my calls and he even blocked my number .Please help me , i need my money back,i don't need internet because i never asked it .

Sincerely

Amir

Edit: Name and phone number deleted. VF_Grit

Betreff: I need my money back .

reneromann — Fri, 16 Aug 2019 20:43:13 GMT

Something is strange: If you didn't want a contract at all, how did this guy get your bank account details? I mean - how did he get this details if these weren't provided by you?

Next thing: There is a so called "Widerrufsbelehrung" which clearly informs you [in German] about your rights and how to cancel such unwanted contracts within a 14 days period in case they were done at home or by any means of telecommunications (e.g. phone / internet). If you acted like given in that Widerrufsbelehrung, you should get your money back - but it may take a month for your contract cancellation to be processed on that invoices.

Betreff: I need my money back .

Aqv_ayli04 — Sat, 17 Aug 2019 05:02:38 GMT

Hello, thanks for answer .About my bank details, that guy when he was at my flat, i told him i need this router only after october because i will go to new flat, he told me its ok , we can send you the router in october, thats why i gave him details of my bank .

When i got the box of router and other documents i was calling him and he never answered, i didnt know that i must send it back after 2 weeks . I am new in Germany and i don't know the laws . The box of router i took it to Vodafone main shop in fürth they said i must go to Kabel office in nürmberg , i was there and they said i must send it back, i sent it back after 3 weeks or more . This guy when he was at home he didnt explain nothing to me .

I told him i need router only after october, i can prouve it to you .

I want to cancel everything because i didnt sign any contract, i just need my money back because i never used your internet .

Re: I need my money back .

Lars — Sat, 17 Aug 2019 13:44:14 GMT

Hi Amir,

even if you are new in Germany, unfortunately the laws also apply to you. I don't know if I can do anything there. But I want to try it.

Please send me the customer number, name, address and date of birth by private message. Contact me here in the thread as soon as you have sent the PM.

Best regards

Lars

Re: I need my money back .

Aqv_ayli04 — Sat, 17 Aug 2019 14:56:23 GMT

Dear Lars, thank you for the answer i have sent you private message with all infos you asked me .

One more thing, the router which i got i did not use it or even i didnt open the packet .

And it's my neighboor who received it, because post man did not find me at home, otherweise i send it back in same day , Because i never asked the router .

And if i made delay to send it back its because of Vodafone guy, i was calling and he never answered me . I can prove to you that its not me who recieve it and that i asked the router only after october .

Re: I need my money back .

reneromann — Sat, 17 Aug 2019 20:41:07 GMT

The problem is: Even if you neither used the router nor opened the package - the German law says that you are obilgued to pay in that case if you do not send that initial cancellation letter in accordance to the "Widerrufsbelehrung" in time. And even if you would have sent thtat cancellation letter in time, it does not mean that you do not have to pay - you would have to pay for at least the days that you would been able to receive services, e.g. the day you received the router until you sent the cancellation letter and device back - even if you did not use it (just as you would've been able to use the services).

Anyhow, @Lars will check what he can do - but I doubt it'll be much as you missed the timelines...

Re: I need my money back .

Aqv_ayli04 — Sun, 18 Aug 2019 05:45:13 GMT

Hello Thanks for the answer ,

Please, sorry for my words but this is all unfair , instead of punishing me you have to punish that vodafone guy as well who were not honest with me . I can prove to you i am honest .

And what i still have to pay more ! You already too 120euro! What more! My salary is only 1185€, i have my flat to pay, i have my bills to pay , i have my integration course to pay! And you already took 120 euro and what more!!! This is unfair . I know you are talking to me on thr basis of Laws,but in some sitiations we have to use HUMANITY not laws .

Re: I need my money back .

reneromann — Sun, 18 Aug 2019 17:49:29 GMT

I can understand you, but:

a) You signed a contract

b) You missed the timeline to cancel the contract ("Widerrufsfrist")

Even if you don't understand German very well, you now have a legally binding contract with Vodafone - and that has nothing to do with "Humanity". YOU signed something that you didn't understand - but that's definitely NOT the fault of Vodafone. YOU missed the timeline to cancel the contract - so please understand that Vodafone has the right to withdraw the money even if you may have serious problems with your salary then.

You would've had two chances to not come into this situation:

a) Not signing a contract you don't understand - even if that representative (and I doubt this guy was directly employed by Vodafone - I think it may be a freelancer that sells contracts and gets money for each sold contract, but that is not employed by Vodafone) gave you an English insight, the sole contractual language in Germany is German!

b) Using your right to withdraw the contract in time - you got the information (even if in German) on when to and on how to withdraw in time. It would've been up to you if you did not understand that German letter to ask someone to translate it to you - as again: Sole contractual language is German.

And please be aware that this fact - that the sole contractually binding language in Germany is German - could be a problem for you in the future again and again.

Re: I need my money back .

Aqv_ayli04 — Sun, 18 Aug 2019 17:58:06 GMT

Everything is clear .

So you know everything now, please cancel that contract,because i don't have any document at home, or what i have to do to cancel it ? .

i dont need the router even after october .

About that guy who was here, i ask god to punish him .

Thank you .

Re: I need my money back .

reneromann — Sun, 18 Aug 2019 18:15:59 GMT

I think you did not understand the important point:

You now have a legally binding contract with Vodafone - and even if you send a cancellation right now, the contract will run until it's minimum contractual term has expired, which usually means it will run for the whole 24 months. And even if you do not use the provided service and already sent back the device, you are legally obigued to pay for the whole contractual term.

Re: I need my money back .

Aqv_ayli04 — Sun, 18 Aug 2019 18:20:38 GMT

Even if i move to new country ?

How much its cost the whole contract ?

Re: I need my money back .

reneromann — Sun, 18 Aug 2019 20:17:51 GMT

If you'd move to a location where the contractually agreed services cannot be fullfilled (even within Germany), you are been granted a "special" premature cancellation right by the telecommunications law with a 3 months notification period starting the later of the date of the move or the date the cancellation is received by Vodafone.

How much the contract will cost: Depends on the contract.

Typically 24x the monthly base fee plus activation/postage fees.

But you may wait what @Lars finds out. Maybe there is a way to prematurely end the contract on a good will base.

Re: I need my money back .

Thomas — Mon, 19 Aug 2019 07:00:33 GMT

Hi Aqv_ayli04,

since Lars isn't here right now, I'll write to you. I've had a look at that right now. According to the system we have a complete order signed by you. So you signed the contract on the spot. Therefore a written revocation would have had to take place. To simply send the hardware back is unfortunately not enough. The return took place also only after expiration of the period. At the moment I see no way to terminate the contract or to revoke it retroactively.

Regards

Thomas

Re: I need my money back .

Aqv_ayli04 — Mon, 19 Aug 2019 10:23:55 GMT

Hi, thanks for the answer .

Firstly, i cant understand how that guy doesnt work for vodafone and i got a router from your company! .

And, if i am your Costumer, i think you must help and protect me ! . You know that Marketing rely on Costumer ! .

And as i said before, its not me who recieved the Router box! The post man left it next my mail box and my neighboor took it . Its not me who reciced it and i didnt get it in the right time .

Re: I need my money back .

Thomas — Mon, 19 Aug 2019 11:56:07 GMT

Hi Aqv_ayli04,

ou did an assignment with the consultant and signed it. Then we sent you the hardware and confirmed the order. This could have been revoked within the period of 14 days. However, this did not happen and therefore the contract exists and can only be terminated at the end of the term of 24 months.

Regards

Thomas

Re: I need my money back .

reneromann — Mon, 19 Aug 2019 15:12:48 GMT

@Aqv_ayli04 schrieb:

Firstly, i cant understand how that guy doesnt work for vodafone and i got a router from your company! .

This is very simple: This "guy" is a professional sales agent selling Vodafone (and maybe also other companies) products on his own. For each contract he is generating, he gets some kind of reward from the company that he generated the contract for. Anyhow, he does not work for Vodafone - he only acts on his own.

@Aqv_ayli04 schrieb:

And, if i am your Costumer, i think you must help and protect me !

That's exactly why the German law requires Vodafone to have that whole "Widerrufsrecht" in place. Anyhow - if you miss to obey that regulations, you are out of protection any more.

Re: I need my money back .

Aqv_ayli04 — Mon, 19 Aug 2019 18:28:42 GMT

And what about that post man who left the router box next my mailbox ! For such kind or parcel the post man should get signature from the reciever ! I did not meet him , i did not see him! . Its not my mistake to have the router , the post man should take back routet not leave it outside!. So if in that period i am on holidays or out of germany and post man left routrer next my mail box, and i back from holodays only after weeks , then the situation would be the same also !? .if someone stole router from my mail box , the situation will be the same ! .

Re: I need my money back .

reneromann — Mon, 19 Aug 2019 18:56:15 GMT

@Aqv_ayli04 schrieb:
And what about that post man who left the router box next my mailbox ! For such kind or parcel the post man should get signature from the reciever ! I did not meet him , i did not see him! . Its not my mistake to have the router , the post man should take back routet not leave it outside!.

I'm pretty sure that your neighbour signed for the package. Especially if there is no special service known as "Eigenhändig" used, the post man is allowed to drop off the package at everyone that is related to the person and not only the person itself. And I'm pretty sure your neighbour did that in good faith - so that you did not have to go to the post office to collect the parcel.

Anyhow - even in the case that you wouldn't have accepted the router and it would therefor be returned immediately would not have meant that the contract would've been cancelled appropriately as it needs your explicit will that the contract should be cancelled. That's one of the points that the "Bürgerliches Gesetzbuch" (German Civil Code) requires you to do - and keep in mind that Vodafone would otherwise not know if you want to withdraw from the contract -or- if the router is returned in error (e.g. because you were on vacation or were not able to collect the router).

@Aqv_ayli04 schrieb:
So if in that period i am on holidays or out of germany and post man left routrer next my mail box, and i back from holodays only after weeks , then the situation would be the same also !? .if someone stole router from my mail box , the situation will be the same ! .

Yes and yes.

By the way: Same for official letters - if you leave your home for a longer time (vacation / work away from home) and an official letter with a timeline is put into your mail box, then that timeline is starting the day the letter was inserted into your mailbox. In case of official letters, your timeline will mostly be two weeks - and if you are out for holidays for 2 or more weeks, that would mean that you'd miss the given timeline and in so far have to deal with any negative consequences.

Re: I need my money back .

Aqv_ayli04 — Mon, 19 Aug 2019 19:02:08 GMT

You know,the best thing in this life that there is god and life will end .

Merci .

Re: I need my money back .

Thomas — Tue, 20 Aug 2019 12:42:52 GMT

Hi Aqv_ayli04,

i think @reneromann explained that really well. In your case there is a signed order and it was not revoked in time. Thus the contract is effective with the agreed term. We will gladly send you the devices again.

Regards

Thomas