For individuals
Contract and consumer matters: getting private contracts into perspective
A subscription cannot be cancelled, a delivery never arrives or an invoice does not match what was agreed. Questions like these seem routine, yet they often carry more weight than is first apparent. We help you look at the contract, the correspondence and the payments in an orderly way and choose a next step you can follow.
Overview
What private contract questions involve
Private contracts are now frequently concluded online, through platforms or with providers in another country. Which rules apply depends on the type of contract, where the parties live or are established and the terms that were agreed. There is no single answer that fits every country and every provider. Every assessment therefore starts with the actual contract wording and with what actually happened.
Termination and withdrawal are confused particularly often. Termination ends an ongoing contract for the future; withdrawal can, under certain conditions, unwind a contract that has only just been concluded. Which declaration fits, what form it requires and whether it is still possible should be checked before anything is sent – a wrongly chosen declaration cannot always be corrected afterwards.
Typical questions private clients bring to us:
- How do I end a contract when the provider does not respond?
- Is an invoice justified if it departs from what was agreed?
- What can I do if goods or services I have paid for do not arrive?
- What role do a foreign provider’s terms and conditions play?
- How should I respond to a payment reminder or a debt collection letter?
Hypothetical examples
Examples from practice
The following situations are freely constructed, hypothetical examples. They illustrate typical questions and do not describe actual engagements or outcomes.
Example: the subscription that keeps running
Someone cancelled an online subscription by email but is still being charged. The questions are which form of termination the contract requires, whether receipt of the notice can be proven and how the further charges can be addressed with the provider and the bank.
Example: the delivery from abroad that never arrives
A piece of furniture was paid for in full to a retailer established in another EU member state, but it is never delivered. The issues are the contract terms, the payment method, any refund procedures offered by the payment service provider and which law governs the contract.
Example: the unexpected additional charge
After a tradesperson finishes a job, the bill is considerably higher than the quotation. What matters is what was agreed, whether additional work was commissioned and how the difference can be evidenced.
Documents
Documents that help with the assessment
The more complete the documents, the more precisely the situation can be described. Particularly useful are:
- The contract, order confirmation or order summary
- The general terms and conditions in the version that applied when the contract was concluded, where available
- Invoices, bank statements and proof of payment
- Emails, chat histories and letters with the provider, in chronological order
- Proof that your own declarations were sent and received
- Photos, delivery notes or reports where the service was defective
- Payment reminders, debt collection or lawyers’ letters
Please do not send complete documents with your first enquiry. A short description is enough; we will then agree with you which documents are needed and which channel to use.
Process
How we proceed together
The process depends on the individual case. As a rule it follows these steps:
- Step 01
Describe your matter
You briefly explain what it is about, who is involved and whether you have received a letter setting a deadline. An enquiry does not by itself create an engagement.
- Step 02
Initial assessment
We consider which area the question belongs to, whether there is a cross-border element and which information is still missing.
- Step 03
Agreeing the approach
If an engagement is an option, we explain the possible steps, their requirements and the expected costs before you decide.
- Step 04
Implementation
Once you approve, we prepare letters, handle the correspondence or examine further options – agreeing every next step clearly with you.
Frequently asked questions
Frequently asked questions on contract and consumer matters
Can I simply cancel a contract by email?
That depends on the form agreed or required by law. Some contracts allow termination in text form, others require more. It is also essential that you can later prove the notice was received. Our free cancellation guide shows which points to check beforehand.
What is the difference between termination and withdrawal?
Termination ends a contract for the future. Withdrawal can, under certain conditions, unwind a contract from the outset. Whether a right of withdrawal exists and whether it can still be exercised can only be assessed on the basis of the specific contract.
Should I pay a disputed invoice as a precaution?
There is no general answer. Paying may avoid further costs but can make it harder to recover the money later. Check the claim promptly and do not leave the letter unanswered – silence is rarely the best option.
Does German law apply if the provider is based abroad?
Not automatically. Special protective rules may apply to cross-border consumer contracts, while the contract terms and the place of enforcement also play a part. We assess these questions case by case.
Next step
Tell us about your contract question
A short description is enough to begin with. You will receive a clear response on which next step may be appropriate. For general guidance, our free templates and cancellation guide are also available to you.
- A short description is enough for a first enquiry.
- Confidential documents only after agreeing a secure channel.
- An enquiry does not yet establish a client relationship.