No matter who orders, picking up and returning online is OK
In long-distance sales, buyers are clearly restricted from having the 14-day right to withdraw money. However, the law should also deal with cases where the situation is not very clear. As Gamesword shaft The report, Memmington District Court delivered an interesting judgment on July 7, 2021, which addressed a question: What are the return conditions applicable when ordering goods online and making payments, but then taken at the store?
The lawsuit was probably funded by a GameStop client. In June 2019 he ordered the Cyberpunk 2077 Collector Edition PlayStation 4 for 220 euros on gamestop.de and paid for it via PayPal. It was taken a day after its December 10 release. Continuous reports of serious problems led the customer to return unopened items to the seller after 5 days. Problem: Gamestop refused to take it back. Reason: Collecting from the store does not lead to “long-distance sales”, which is why the relevant deadline does not apply.
No agreement, plaintiff’s complete victory
After an embarrassing mistake – GameStop used the wrong address when returning the goods to the customer – and after out-of-court settlement efforts failed, the client’s attorney later sued. During the process, the company tried to argue that the order on the online portal was only a “non-binding” booking, but the purchase agreement would have come only when picked up at the store.
The Court now completely rejects this view of the matters in its judgment. Ordering and paying on the company’s online portal ended the long-distance transaction – the plaintiff’s action clearly shows that he wants to “buy” the product completely. Since the judgment is legally valid, Gamestop must now provide a full refund of the costs and accept all legal costs.
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