I need to cancel my vodafone contract urgent because of bad service

[Abraham1]

HOW can I make the shop roll back and listen to my request. I already left the contract and the sim card to the shop together with signed request of cancellation. So the shop already know what I want and here in germany because the contract drafted between me and vodafone so the 14 days should apply to me so there must be a way out please advice me. Kind regards. Abraham

[MasterScorpion]

"The guy who sold me the service said he would give me unlimited internet service and my friends explained that I only hot 16 gb internet access."

You have unlimited internet access - 16 GB is the high speed volume data traffic ... after that the speed will be reduced but internet still available.

Stated in the contract you signed.

[Abraham1]

Please don't blame me it's not my fault I am not buying drugs it's a legal service I requested and I am sure there is a way out every party have the right to exercise his decision and request the cancellation.

[Jojo111]

What is the name of the tariff?

[reneromann]

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@Abraham1  schrieb:

... I am sure there is a way out every party have the right to exercise his decision and request the cancellation.

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Simple: Every party has the right to cancel the contract with the given notice period to the end of the minimum contractual term. So you can cancel the contract with a 3 months notice period to the end of the 24 months minimum contractual term. This (regular) cancellation can be declared by any of the two parties without consent of the other one.

Any cancellation before that date needs consent of the other party of them releasing the contract and could require you to pay some kind of premature release fees.

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@Abraham1  schrieb:

Please don't blame me it's not my fault ....

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Whom else's fault is it then if not yours? You signed a contract that you did not understand not did you bring a translator that made the contract understandable for you - and that's only your fault, as sole contractual language in Germany is German.

[Abraham1]

Dear friend the package is vodafone red M without smart phone service cost 49,99€ for only 16 gb this is terribly hurting for only sim card - 😞

Please help me to cancel this because I believe I do have rights. I'm a syrian refugee and still don't work and this affects my livings I'm very sad........

Edit: Attachment deleted as it contained personal data. Please do NOT post any personal data in this forum as all information posted here is available to the general public.

[reneromann]

In case it's a SIM-Only tariff, you opted for only the SIM card without any device.

[MasterScorpion]

" I'm a syrian refugee and still don't work and this affects my livings I'm very sad........"

My black rotten heart starts pumping bitterness throug my veins ... again.

Emotional manipulation doesnt work...

Still there is no real reason why VF should cancel the contract. 

Only some guessing of laws you do not understand. 

As a refugee there should be an office available who could give you advice how to handle the situation. 

[Abraham1]

Dear vodafone. 

Vodafone GmbH D2-Park 5, 40875 Ratingen Dresden den 13.09.2019 Widerrufsrecht Sehr geehrte Damen und Herren, Widerruf vom Vertrag mit der Teilnehmer Nummer 25XXXXXXXXXXXX SIM Seriennummer: 25XXXXXXXXXXXX Rufnummer: 0152XXXXXXX Ich widerrufe meinen Vertrag, den ich am 12.09.2019 mit Ihnen geschlossen habe. Ich mache damit vom Widerrufsrecht Gebrauch, das mit laut BGB zusteht. Ich bitte darum, meinen Widerruf entsprechend zu bestätigen, auch wenn eine Zustimmung Ihrerseits nicht erforderlich ist. Mit freundlichen Grüßen Read Axxxx Abraham

This letter was sent by registered post to both the vodafone company and the vodafone shop. Case is closed by my part. Everything is clear and this is my right to cancel this contract.

edit: Personal data deleted. Its an open forum, so dont post your name and your numbers, because everbody could read this and abuse your data. 

[reneromann]

And as already explained, there is NO right for you to withdraw ("Widerrufsrecht"). The so called "Widerrufsrecht" does NOT apply for contracts signed in a shop or office - so your "Widerruf" is void and your letter will not have any legal binding action.

Your contract will run for 24 months - and if you do not cancel it in time, it'll extend for 12 months automatically again and again.

[reneromann]

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@Abraham1  schrieb:

This letter was sent by registered post to both the vodafone company and the vodafone shop.

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Nice that you sent this letter to both, Vodafone and the Shop.

But this does NOT change anything of your situation right now - you do NOT have, and I can only repeat this again, you definitely DO NOT HAVE any right by law to withdraw from the contract you signed for in that shop. Your letter will therefor be ignored as the legal requirement for using the withdrawal right based in the German civil code is not met.

And before you think that this only applies to "poor Syrian refugees" that do not understand the German language: NO - this applies to ALL people in Germany - natives or foreigners, German-speaking or not!

Even people from Germany that would've signed that contract instead of you in that shop at that date are bound to their contracts and CANNOT withdraw.

As reference:

The Withdrawal right you heard from (but that does not apply) is based on § 312g BGB (German civil code) where it says: "(1) Dem Verbraucher steht bei außerhalb von Geschäftsräumen geschlossenen Verträgen und bei Fernabsatzverträgen ein Widerrufsrecht gemäß § 355 zu."

Just as a non-legally binding translation: "The consumer has the right to withdraw from contracts signed outside of office rooms or signed by means of telecommunication in accordance to § 355 BGB". As your contract was signed inside of office rooms [as a shop is considered as such, see §312b (2) ], this §312g BGB does NOT apply in your case, so you DO NOT have a right to withdraw from the contract in accordance to §312g BGB. Therefor your withdrawal request is void.

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@Abraham1  schrieb:

Case is closed by my part.

I hope you do not intend to NOT pay for the contract. In that case, Vodafone has the right to force you to pay for the contract by law - and to pay for all of the costs incurring to make you do so. Usually this may also lead to a premature ending of the contract - but the costs for that are much higher than if you'd pay for the contract.

And this end of contract may lead to a so called "Schufa-Eintrag" resulting in serious issues for you to get any other mobile and/or landline contract and other types of contracts. But feel happy to - it's your money and reputation that is damaged and taken.

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@Abraham1  schrieb:

Everything is clear [...]

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Yes, it is - but it seems you are not willing to understand that you are bound to that contract for the next (nearly) 2 years.

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@Abraham1  schrieb:

[...] and this is my right to cancel this contract. 

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You have the right to cancel the contract - at the end of the minimal contractual term (e.g. in nearly 2 years) if your cancellation is received before the 3 months notice period. And your letter was NOT a cancellation request, therefor your contract may automatically extend for another year after that initial 2 years have passed.