contract-law
Cancel contract ordered from online shop via email in Germany
<p>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.</p>

<p>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.</p>

<p>I ordered from Germany, the seller is in Austria (Wien).</p>

<p>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.</p>

<h2>What does the contract say about cancellation?</h2>

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

<p>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.</p>

<p>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.</p>
