How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask hhvgoetz Your Own Question

hhvgoetz
hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 2023
Experience:  LL.M. in International Trade Law (Newcastle upon Tyne, UK)
48877684
Type Your German Law Question Here...
hhvgoetz is online now
A new question is answered every 9 seconds

Hello, A simple question. Do all contracts in Germany have

Resolved Question:

Hello,
A simple question. Do all contracts in Germany have to be written in order to be legally binding? Can offer of a contract made over the telephone be valid if it is not supported with documentation?
Submitted: 1 year ago.
Category: German Law
Expert:  hhvgoetz replied 1 year ago.

Hi,

 

in Germany there is no parole evidence rule or similar thing.

However, there may be a problem if a contract was concluded orally if there is no witness.

 

Regards

Customer: replied 1 year ago.

This relates to a telephone offer made by 'Youfone.de', for a one month 'trial'. The assistant demanded bank details for the payment of 99c for the delivery of a sim karte. When I received it, I became suspicious and returned the card without activating it because no written contract was included. Kundenservice has not answered my emails or letters but they are demanding 350 euros for a service they have never provided. I would like to know what rights the customer has in these circumstances and what further action I can take. Is there anyone I can contact for advice? Thanks

Expert:  hhvgoetz replied 1 year ago.

Yes, a contract can be concluded by phone.

 

If they demand 350 Euros I suspect the contract is for 24 months.

 

However, yourfone.de will have to prove the content of the actual contract.

 

You should tell them in written form that you were never informed that the contract was only about a 1 month trial for 99 cents and consider the contract as terminated.

 

Be aware that these trial offers usually are converted into 24 months contracts if you don't cancel them quickly.

However, yourfone will have to prove before court that you were informed about that fact.

 

Regards

Customer: replied 1 year ago.

I cancelled immediately but Youfone did not respond. I have been sending letters and emails for 6 months but they have only responded with mahnungs. So, my final question is: does the company have a duty to respond to customer queries and complaints? If they fail to do this, what action can the customer take?


Thank you for your help


 

Expert:  hhvgoetz replied 1 year ago.

Yes, they have to respond, but YOU have to proof that they received your letter. Thus, E-Mails are absolutely inappropriate.

 

Use a Fax machine with a copy of the first page of the fax on the receipt! This is not absolutely safe but by far better than an E-Mail or a certified letter. In the latter case they may state, they just received a blank paper... So when sending a letter you may need a witness for the content of the actually sent letter.

 

Make sure you can prove that the received your query and then you'll have to wait until they sue you.

 

Regards

hhvgoetz, Rechtsanwalt, LL.M.
Category: German Law
Satisfied Customers: 2023
Experience: LL.M. in International Trade Law (Newcastle upon Tyne, UK)
hhvgoetz and other German Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • RA Schiessl

    Attorney

    Satisfied Customers:

    16
    Attorney-at-law with more than 16 years of experience - board certified specialist.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/RASchiessl/2013-3-18_10659_1.64x64.JPG RA Schiessl's Avatar

    RA Schiessl

    Attorney

    Satisfied Customers:

    16
    Attorney-at-law with more than 16 years of experience - board certified specialist.
  • http://ww2.justanswer.com/uploads/SC/SchiesslClaudia/2013-11-27_153731_unnamed2.64x64.jpg legal eagle's Avatar

    legal eagle

    Attorney

    Satisfied Customers:

    574
    20 years of experience in all kinds of law, especially employment law and family law.
  • http://ww2.justanswer.com/uploads/HH/hhvgoetz/2012-9-26_165512_DSC05932KopieKopie.64x64.JPG hhvgoetz's Avatar

    hhvgoetz

    Rechtsanwalt, LL.M.

    Satisfied Customers:

    97
    LL.M. in International Trade Law (Newcastle upon Tyne, UK)
  • http://ww2.justanswer.com/uploads/a.merkel/bwbilda.jpg a.merkel's Avatar

    a.merkel

    Rechtsanwältin; LL.M. Eur.

    Satisfied Customers:

    64
    1.+ 2. Staatsexamen; LL.M.(Master of Law)
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    93
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/JO/JoseMagadan/2013-6-27_16279_IMG6290copia.64x64.JPG José M.'s Avatar

    José M.

    Attorney

    Satisfied Customers:

    441
    Spanish Attorney
 
 
 

Related German Law Questions

Chat Now With A Lawyer
hhvgoetz
hhvgoetz
Rechtsanwalt, ll.M., FA für SozialR
97 Satisfied Customers
LL.M. in International Trade Law (Newcastle upon Tyne, UK)