widerrufrechts

[medicol]

Hello
I subscribed Red Internet & Phone 200 Cable and at same time I asked them to cancel my contract with M-NET
V-KD technician came on 8/11 for activate and he made connection
I got Internet starting from 9/11 in late afternoon
on 21/11 I sent email I want to cancel the contract
Today 22/11 V-KD answered me that time is exceeded and I must stay with them for 2 years
Shouldn´t I have time till 23/11 ?
Moreover why should I stay with them 2 years while they told me I can have Internet at 200 Mbit/s and they are giving me most of the time 2 Mbit/s and when I am lucky 20 Mbit/s?

[reneromann]

The 14 days start at the time where you get the contract papers and NOT the day you are provided with the service.
So if you got the contract papers (Auftragsbestätigung) and/or the Router before the technician came (which is the usual procedure), the 14 days were over before yesterday.

And please keep in mind that there is possibility for a Widerruf if you signed the contract at a store.

[medicol]

The 14 days start at the time where you get the contract papers and NOT the day you are provided with the service.
So if you got the contract papers (Auftragsbestätigung) and/or the Router before the technician came (which is the usual procedure), the 14 days were over before yesterday.

And please keep in mind that there is possibility for a Widerruf if you signed the contract at a store.

I signed practically any contract, I had a chat in Vodafone.de the proposal was good and I told ok, I gave my data and they did all. Fine with me. I never put a signature.
I received document before 8/11
I received router on 8/11 delivered by technician
it worked fine 1 week then no more.
And they did not try also to solve the problem
What is the sense to give me 14 days from receiving documents if I can start to check the service only from 9/11?
Moreover, they are not giving me any service, 2 Mbit/s are not usable why should I forced to stay with quality of service I had on 2000 ?

[reneromann]

The 14 days start at the time where you get the contract papers and NOT the day you are provided with the service.
So if you got the contract papers (Auftragsbestätigung) and/or the Router before the technician came (which is the usual procedure), the 14 days were over before yesterday.

And please keep in mind that there is possibility for a Widerruf if you signed the contract at a store.

I signed practically any contract, I had a chat in Vodafone.de the proposal was good and I told ok, I gave my data and they did all. Fine with me. I never put a signature.
I received document before 8/11
I received router on 8/11 delivered by technician
it worked fine 1 week then no more.
And they did not try also to solve the problem
What is the sense to give me 14 days from receiving documents if I can start to check the service only from 9/11?
Moreover, they are not giving me any service, 2 Mbit/s are not usable why should I forced to stay with quality of service I had on 2000 ?

The sense of the "Widerrufsrecht" is NOT that you may check the service but that you have the option to cancel a contract that you might not have signed at a store, e.g. that you have the possibility to check the contract agreement if there are any differences between what has been told about the contract details by telephone/internet or a guy simply coming to your home and what has been written down. The time for you to check the contract ("Widerrufsfrist") begins at the moment you receive the contract documents and NOT at the moment the service starts.

Therefore you have had 14 days to check the contract details (not the service quality!) from the moment that you received the contract details. After 14 days have passed, the contract is valid as you received it.
If you have problems with the quality of service, you also have rights to cancel the contract, but not the "Widerrufsrecht". These rights ("Kündigung aus wichtigem Grund") urge you to first send your contract partner a message that the service quality provided does not meet the contractual agreed service quality ("Mängelrüge") together with a timeframe to solve the problem (but this timeframe has to be legitimate, e.g. you need to give them some days to solve the problem, only a few hours would not be enough). If the problem is not solved withhin the timeframe, you may send them your cancellation ("Kündigung aus wichtigem Grund") - but a lawyer may better inform you about your rights.

By the way: You don't need to put down a signature on every contract - there are only special cases where this written signature is needed. You may also agree on a contract by simply telling your opponent that you agree or even just showing them your agreement (e.g. if you go shopping, you normally don't have to put down a written signature - usually you only give your money and receive the goods without any signature and/or even without a separate written contract).

[medicol]

The 14 days start at the time where you get the contract papers and NOT the day you are provided with the service.
So if you got the contract papers (Auftragsbestätigung) and/or the Router before the technician came (which is the usual procedure), the 14 days were over before yesterday.

And please keep in mind that there is possibility for a Widerruf if you signed the contract at a store.

I signed practically any contract, I had a chat in Vodafone.de the proposal was good and I told ok, I gave my data and they did all. Fine with me. I never put a signature.
I received document before 8/11
I received router on 8/11 delivered by technician
it worked fine 1 week then no more.
And they did not try also to solve the problem
What is the sense to give me 14 days from receiving documents if I can start to check the service only from 9/11?
Moreover, they are not giving me any service, 2 Mbit/s are not usable why should I forced to stay with quality of service I had on 2000 ?

The sense of the "Widerrufsrecht" is NOT that you may check the service but that you have the option to cancel a contract that you might not have signed at a store, e.g. that you have the possibility to check the contract agreement if there are any differences between what has been told about the contract details by telephone/internet or a guy simply coming to your home and what has been written down. The time for you to check the contract ("Widerrufsfrist") begins at the moment you receive the contract documents and NOT at the moment the service starts.

Therefore you have had 14 days to check the contract details (not the service quality!) from the moment that you received the contract details. After 14 days have passed, the contract is valid as you received it.
If you have problems with the quality of service, you also have rights to cancel the contract, but not the "Widerrufsrecht". These rights ("Kündigung aus wichtigem Grund") urge you to first send your contract partner a message that the service quality provided does not meet the contractual agreed service quality ("Mängelrüge") together with a timeframe to solve the problem (but this timeframe has to be legitimate, e.g. you need to give them some days to solve the problem, only a few hours would not be enough). If the problem is not solved withhin the timeframe, you may send them your cancellation ("Kündigung aus wichtigem Grund") - but a lawyer may better inform you about your rights.

By the way: You don't need to put down a signature on every contract - there are only special cases where this written signature is needed. You may also agree on a contract by simply telling your opponent that you agree or even just showing them your agreement (e.g. if you go shopping, you normally don't have to put down a written signature - usually you only give your money and receive the goods without any signature and/or even without a separate written contract).

danke, alles klar
thanks a lot for law tips. I was thinking wrong about widerruf, thanks for clarification
Now is a week that they have not solved the problem.
If I am not wrong in term of contract Red Internet and phone 200 cable they should give me minimum 120 Mbit/s

[reneromann]

Now is a week that they have not solved the problem.
If I am not wrong in term of contract Red Internet and phone 200 cable they should give me minimum 120 Mbit/s

At least, yes - you should get 120 MBit/s down at the minimum.
If the download is below (from different source servers -and- using a Gigabit LAN connection), you should send Vodafone a written message ("Störungsmeldung"), the best is using their homepage.
As long as you do not notify them, they won't do anything against it (as they don't know then).

[medicol]

Now is a week that they have not solved the problem.
If I am not wrong in term of contract Red Internet and phone 200 cable they should give me minimum 120 Mbit/s

At least, yes - you should get 120 MBit/s down at the minimum.
If the download is below (from different source servers -and- using a Gigabit LAN connection), you should send Vodafone a written message ("Störungsmeldung"), the best is using their homepage.
As long as you do not notify them, they won't do anything against it (as they don't know then).

thanks for confirmation on 120 Mbit/s
I notify them on 16/11 via email
I called them on 17/11 and got a ticket opened
till yesterday they did not take care.
I am using speedtest from vodafone with PC connected to LAN port of router without other port connected. WiFi turned off
I think that you can understand me: 1st week of service ok then service not usable, that is why I want to leave immediatly also because I read other person here having speed problem and Vodafone seems not to be interested to solve

[spooky]

In which Region are you living?
And you have to allow them about 14 days to solve the problem.

[medicol]

In which Region are you living?
And you have to allow them about 14 days to solve the problem.

BY

and thanks also to you for this tip

[medicol]

considering that after 7 days they close the ticket and now there is no more Internet at all I can tell great service!