Hire a legal professional - Ready now

1. Virtual Lawyer - Demand letters, Contracts, Legal research, Family law, IP, Employment law. From $30.
2. Hire Nicole - US Family Law US Legal research, document proofing, drafting, discovery requests. From $100
3. Hire Jay - Corporate Laywer International law, legal research and contract law. From $200

Find a legal professional - View all

This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

What are the buyer’s rights and the seller’s obligations when an order is cancelled in Germany?

by

Question from SixSigma, What are the buyer’s rights and the seller’s obligations when an order is cancelled in Germany?

Answer from AI:

In Germany, the rights of the buyer and the obligations of the seller in such a situation are governed by the German Civil Code (Bürgerliches Gesetzbuch, BGB).

Buyer’s Rights

The buyer may have several rights in this situation:

  1. Right to Performance: Under § 433 BGB, the seller is obligated to deliver the item as agreed. If the seller fails to do so, the buyer can insist on performance of the contract.
  2. Right to Damages: If the seller is unable to deliver the item, the buyer may be entitled to damages under § 280 BGB. This could include the difference between the agreed price and the price of a similar item from another seller.
  3. Right to Withdraw: The buyer may also have the right to withdraw from the contract under § 323 BGB if the seller fails to perform their obligations.

Seller’s Obligations

The seller also has several obligations:

  1. Obligation to Deliver: As mentioned above, the seller is obligated to deliver the item as agreed under § 433 BGB.
  2. Obligation to Inform: If the seller is unable to deliver the item, they must inform the buyer promptly. Failure to do so could result in liability for damages.

However, it’s important to note that the specifics of the situation can greatly affect the rights and obligations of both parties. For example, if the seller can prove that the item became unavailable due to circumstances beyond their control, they may not be liable for damages.

Seeking Legal Advice

Given the complexity of the situation and the potential for significant financial implications, it would be advisable for the buyer to consult with a legal professional. A lawyer can provide personalized advice based on the specifics of the situation and the applicable laws.

For more information on the German Civil Code, you can visit the official website of the German government.

Please note that this information is intended to provide a general overview and may not apply to all situations. Always consult with a legal professional for advice tailored to your specific circumstances.

Click to rate this post!
[Total: 0 Average: 0]

The answer is written by AI.

The text above is written by AI, i.e., a computer.

Disclaimer: The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. While we strive to provide accurate information, we make no guarantees regarding the accuracy or legal validity of the information presented. Laws and regulations vary by jurisdiction and can change over time, and the application of laws can vary widely based on the specific facts and circumstances involved. Therefore, you should consult with a qualified legal professional before making any decisions related to legal matters. Do not rely solely on the information provided in this response for any legal decisions. We disclaim any and all liability with respect to actions taken or not taken based on the contents of this response.

Related Posts

Please comment in the comment section below if something is incorrect.

Leave a Comment