germany consumer-protection
What do I need to do after being shipped a wrong order?
<p>I recently ordered a book online, which is print-on-demand.
On arrival I noticed that they printed the wrong book. Only the cover says the correct title of the book, but the content is completely different. I contacted the customer support but didn't receive a satisfying answer.</p>
<p>After a while I contacted them again, and said that I am not going to pay, as I did not get what I ordered.
I have not gotten a reply yet.</p>
<p>Of course I am not willing to pay for this book, and also not willing to send it back at my own expense. Customer support did not give guidance on what I should do, so I am seeking out for some help on how to behave in a situation like this.</p>

<h2>This is an internet transaction</h2>
<p>Internet transactions can be reversed within 14 days after delivery of physical goods without the need to state reasons in <a href="/questions/tagged/germany" class="post-tag" title="show questions tagged &#39;germany&#39;" rel="tag">germany</a>. That is &quot;Rücktritt vom Kaufvertrag&quot;. However, you are needed to send back the product and might be required to pay the shipping fees, depending on the original contract.</p>
<h2>This is a materially flawed product</h2>
<p>You ordered a book with text A. You got text B. That is a material flaw and you can demand the correction of such a material flaw (<a href="https://www.bmjv.de/DE/Verbraucherportal/KonsumImAlltag/MaengelGewaehrleistung/MaengelGewaehrleistung_node.html" rel="nofollow noreferrer"><em>Mangel</em></a>) at the expense of the seller, including any postage.</p>
<p>However, if the text was provided by you or the original order form is indicating text B instead of A, the mistake is on you.</p>

<p><em>To add to Trish's excellent answer:</em></p>
<p>As explained, you have a valid claim to be made whole - by getting either a full refund, or the right book. If the shop does not do that, your options are the same as for any other situation where the other party reneges on their contractual obligations:</p>
<ul>
<li>Write a final letter or email stating your claim, the reasons, and giving a deadline for the refund or sending of the correct book. 14 days is common as a deadline.</li>
<li>If you do not receive the refund or book within that time frame, you can sue. In Germany, you would probably use the <em><a href="https://de.wikipedia.org/wiki/Mahnverfahren" rel="nofollow noreferrer">Mahnverfahren</a></em>. This means you send an official form to your local court (<em>Antrag auf Erlass eines Mahnbescheids</em>), and the court will pass that on to the debtor. If they do not respond within 14 days, your claim is accepted automatically. If they refuse, you will have to go to court.</li>
</ul>
<p>Realistically, the seller will probably realize they have no ground to stand on at some point and refund you - hopefully at least.</p>
