Many people reply here with the comment: Didn’t receive product. However, this is completely irrelevant.
When placing an order, there is the so-called ‘purchase or distance’, that is, the contractual payment obligation of the buyer, and the seller’s obligation to deliver.
The terms of delivery and payment must be clearly defined during the sale, as are the terms of delivery. Therefore the buyer does not have to receive the product before an obligation to pay arises.
In this case, the buyer denied that there was a distance sale, because he did not find that there was a purchase agreement. In this he is – as confirmed by the judge – right, because the complete order button does not make it sufficiently clear that the payment obligation arises. This is a legal requirement since the ruling of the European Court of Justice in April 2022:
“When using a button to place an order or, for example, to book a hotel room (…) it should state an “order with an obligation to pay” or an “unambiguous interview wording that shows the obligation to pay”.
In most cases, if the product is received, the buyer will not have a leg to stand on, because when accepting the product, the buyer confirms that the purchase agreement has been concluded. Of course he has 14 days to change your mind after receiving the product, and he can still return it.
If the products are not finally delivered, you still have an obligation to pay. You can, of course, cancel the purchase if there is no delivery: 30 days after the promised delivery date, you can induce the seller to deliver it within a reasonable time. If that doesn’t work, you can cancel the sale. The seller is responsible for any consequential damage that arises as a result.
[Reactie gewijzigd door jhnddy op 9 augustus 2022 16:03]
“Coffee buff. Twitter fanatic. Tv practitioner. Social media advocate. Pop culture ninja.”