legotownlinz Posted September 27, 2022 (edited) Hi folks, I've got a problem, two sets of the BrickLink designer program have not been delivered successfully because DPD did not leave a delivery notice on my door or the neighbors removed it. The sets went back to Lego and Lego refunded the money. However, I want Lego to deliver the sets again, but they refuse to do so. I didn't cancel the purchase. My question is, is Lego legally obligated to sent the sets again? On Google I found https://www.it-recht-kanzlei.de/rechte-händler-unzustellbarkeit.html, but it is German law. Quote 3.) Grundsätzlich kein Rücktrittsrecht des Händlers Wie der Verbraucher bleibt allerdings auch der Händler grundsätzlich an den Vertrag gebunden. So kann er die Rücksendung an ihn nicht zum Anlass nehmen, sofort von dem Kaufvertrag gemäß §§ 346, 349 BGB zurückzutreten. Wenn vertraglich – etwa in den AGB des Händlers – kein Rücktrittsrecht vereinbart ist, steht dem Händler zunächst kein sofortiges Rücktrittsrecht zu. Erst nach fruchtlosem Ablauf einer durch den Händler gesetzten, angemessenen Frist, mit der der Verbraucher (im zweiten Versuch) zur Annahme der Ware aufgefordert wird, kann der Händler nach § 323 BGB vom Kaufvertrag zurücktreten. Are the laws in Denmark similar? Or do Austrian laws apply (where I live)? Edited September 27, 2022 by legotownlinz Share this post Link to post Share on other sites
icm Posted September 27, 2022 Just offhand I'd say if Lego refunded the money then they're not obligated to send the sets again. As it now stands you haven't paid for them. Share this post Link to post Share on other sites
legotownlinz Posted September 27, 2022 1 minute ago, icm said: Just offhand I'd say if Lego refunded the money then they're not obligated to send the sets again. As it now stands you haven't paid for them. I didn't ask for a refund, Lego did it on their own. As mentioned in the link above, if Lego was a German company, they would be obligated to deliver by law. And I wonder if this law is Germany-only or if it's the same in all EU countries. Share this post Link to post Share on other sites
Toastie Posted September 27, 2022 2 hours ago, legotownlinz said: have not been delivered successfully because DPD did not leave a delivery notice on my door or the neighbors removed it. But that is the catch, isn't it? DPD not leaving a delivery notice is a problem of DPD - however, they can always claim they did. Also, such notices as I know them (with reference number etc.) are in their electronic system - so you can maybe ask them. Should they have that one in their system, then where did it go? Usually they are placed in the mailbox. Is there such a box? Do others have access to it? Should others have access, then you are screwed I guess, because all DPD rules applied (delivery notice delivered, 7 day storage in their facilities, return to sender). Best, Thorsten Share this post Link to post Share on other sites
MAB Posted September 27, 2022 A number of people have missed out as parcels went missing in the post, not delivered and returned or the set(s) were not in the packages as they were meant to be. LEGO say they have no more stock and just refund. The law doesn't really matter unless you are willing to take it to court. Share this post Link to post Share on other sites
Maple Posted September 27, 2022 (edited) I hear a lot of ifs. If you got a refund why would the law require you to get something? That doesn't even make sense. Edited September 27, 2022 by Maple Share this post Link to post Share on other sites
