Cross Border Refund Rights
Summary
In cross-border transactions, consumers have the right to receive products as advertised. If a product is defective, the seller must refund the full amount. To recover funds, document all communications and send a formal notice to the seller. You can file a claim through the European Small Claims Procedure, which typically takes a few months and involves low filing fees. You may also claim late payment penalties. Essential documents include purchase receipts, communication records, and evidence of defects. For legal assistance, contact the Lithuanian or German Bar Association.Full Conversation
i cant write full situation because it doesnt allow to type more than * letters
Got it! To help you better, could you confirm if the seller acknowledged receiving the returned watch and agreed to issue a full refund for the entire amount?
They directed me to pursue legal action through the European Small Claims Procedure.
The seller has acknowledged the partial refund from the bank card via PayPal. However, they have refused to refund the remaining €*,*.*, claiming that the PayPal case is closed and the issue is resolved. I believe this refusal is deliberate and in bad faith.
*. Points on Which Advice Is Needed:
What are my rights as a consumer in this cross-border transaction?
Is the seller legally obligated to refund the €*,*.* paid from my PayPal balance?
What are the best steps to take to recover the outstanding amount?
What are the potential legal costs and timelines associated with pursuing a claim through the European Small Claims Procedure in Germany?
Am I entitled to claim late payment penalties or other damages due to the seller's refusal to refund the amount?
How do I find a lawyer in Germany, if that is necessary?
What documents are essential to provide to the European Small Claims procedure?
Here's what you can do:
Rights as a Consumer in Cross-Border Transactions:
- You have the right to receive a product as advertised.
- The seller is obligated to refund the full amount if the product is defective or not as described.
Steps to Recover the Outstanding Amount:
*.
Document Everything: Keep records of all communications, receipts, and the refund process.
*.
Send a Formal Notice: Inform the seller in writing about their obligation to refund the remaining amount.
*.
European Small Claims Procedure: File a claim through the European Small Claims Procedure.
Potential Legal Costs and Timelines:
- Filing fees are relatively low, but costs can vary.
- The process typically takes a few months.
Late Payment Penalties and Damages:
- You may be entitled to claim late payment penalties and other damages due to the seller's refusal.
Finding a Lawyer in Germany:
- Contact the Lithuanian Bar Association or the German Bar Association for recommendations.
Essential Documents for the European Small Claims Procedure:
- Purchase receipt
- Communication with the seller
- PayPal transaction details
- Any evidence of the product being defective
Would you like assistance in finding a local lawyer to help with your case?