[alvarezluis]

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Hello!

I'm sorry for writting in english but my Deutsche is too little. I'm having some problems with a Deutsche company and I have no idea about laws in Germany. I need a bit of your help. I try to explain the situation:

-I find a product from a Deutsche company in wich I were interested, I sended and email to the company asking for the prices and I find it ok, so I sended a new email in wich I tell them that I was interested in the product, so they can send me a invoice to make the payment by bank transfer. (This invoice is 380 Euros)

-Finally I decided not to buy, so I didn't make the transfer. After sometime I received a letter from a Inkasso Company in with the tell me that I have a debt and I have to pay it plus a charge for delay.

-Last week I received a new letter from a lawyer, in wich the tell exactly the same, and I must pay according to the law § 286 ABs. 1BGB.

-When I received the first letter I contacted with the company to cancel the order and they tell me that it was not possible.

Some questions:

-They say that I have a buying contract with them, they only have an email in wich I tell them:

"OK, send me the invoice"

This can be considered as a buying contract in Deutschland?


-Must I pay an invoice of a product that I don't have?


I would need any help to stop this.


Thank you very much, and sorry for the inconvenience.

[aaky]

This can be considered as a buying contract in Deutschland?

Yes, it is. This contract doesn't need a special form.

-Must I pay an invoice of a product that I don't have

Maybe. If it's part of the contract that you have to pay first, it's possible.
If german (or european) right is applicable, then there could still be the right of revocation.

[alvarezluis]

hello!

thank you very much for your quick answer. One more question. I live outside deutschland, but it the european union. What happens if they start a legal process in Deutsland to me?


Thank you very much.

[aaky]

I think, this will be relevantly:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:199:0001:0022:EN:PDF

For other languages search for 861/2007 on http://eur-lex.europa.eu