Complaint - Rectifications for glass gallery railing

2019-09-27 09:54:28

We have only received a very vague cost estimate. Does that already count as a contract?

It is less about the contract itself and more about the circumstances of its conclusion. Just google "Werkvertrag" and "Außergeschäftsraumvertrag" and read the more recent posts (from 07.2014).

2019-09-27 10:32:25

The period for a cancellation of an off-premises contract is only 14 days (just googled), but it starts after the last partial delivery - and since two jars are still missing, that probably hasn't been reached yet.

So can I just back out and he has to take his material back and doesn't see a penny?

2019-09-27 10:58:29

I'll put it this way, this is a clear warranty case! I also had our carpenter come because we had 4 problematic windows. Except for 1, they were all large elements. There was no contract in terms of an order, only the offers.

The carpenter inspected everything, recorded it, and sent it to the glazier. After 1 month, all the windows were replaced, even the one that was scratched by the plasterers.

2019-09-27 11:17:40

The period for withdrawal in an off-premises contract is only 14 days

Correct. Provided he has informed you about your right of withdrawal beforehand. But hardly anyone does that, either out of ignorance or convenience. If you were not informed, the right of withdrawal is extended by 1 year, i.e. to a total of 54 weeks.

2019-09-27 20:37:32

Correct. Provided he informed you about your right of withdrawal beforehand. But hardly anyone does that, either out of ignorance or out of convenience. If you were not informed, the right of withdrawal is extended by 1 year, so to a total of 54 weeks.

I'm not a lawyer, but I think I heard that many things cannot be revoked and are excluded as well.

Google says the following:

According to § 312d of the Building Code, the consumer has a right of withdrawal and return in a distance contract. This right of withdrawal does not apply according to § 312d IV of the Building Code to the delivery of goods that are manufactured according to customer specifications.

This is not already the case if the customer can choose from several variants for the equipment of the goods. Rather, it must be a good that does not represent a standardized mass product and for which the entrepreneur cannot easily find another buyer.

- Goods that are clearly tailored to personal needs.

To me, that already looks very much like personal needs.

2019-09-27 21:03:37

The paragraph you quoted corresponds to the version until 2013 and is no longer current. However, the Federal Court of Justice (BGH) basically decided in 2018 that these exceptions (today §312 g) do not apply to contracts for work and services (case no. VII ZR 243/17).

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Complaint - Rectifications for glass gallery railing

Dr Hix

Climbee

Zaba12

Dr Hix

danixf

Dr Hix