I live in Germany and have ordered a part for my Angel Juicer from an online shop (cca. 100 EUR). The part is not available on the online webshop directly, so I contacted the seller. The seller said that he must order it and then is able to deliver. I then confirmed my order and waited. It took longer than expected and in the meantime I got the part from elsewhere. The seller contacted me today that he is able to deliver, but I refused and tried to cancel the contract.

The seller is now saying that I can not do that, because the part was ordered directly for me and there is no "Widerrufsrecht". It's not a personalized part.

I ordered from Germany, the seller is in Austria (Wien).

Can I send back the part if I receive it and cancel the contract (in written form)? I tried to cancel the contract via email.


What does the contract say about cancellation?

In general, contracts cannot be cancelled except by consent. If the contract says nothing then that will be the default position.

You can cancel (more accurately, terminate) a contract for cause if the vendor is in breach. For example, if they are unreasonably late in fulfilling their obligations. However, you have to actually do this - it doesn’t happen automatically. By remaining silent you haven’t done this.

Consumer protection law in Germany or Austria may allow cancellation of online orders in certain circumstances - you would have to check if you meet them.

  • 1
    Doesn't this normally count as an online order when you can simply cancel it for 14 days after receiving the item? – Dávid Molnár May 12 '20 at 9:10

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