Legal Assistance for Subscription Issues

Questioner

On October 29th I ordered an iPhone x via gsm web in combination with an extension of my t-mobile subscription. The delivery time was then 2 to 3 weeks. After 3 weeks I received nothing and the delivery time was constantly postponed until a month ago I finally received an email that it would finally be delivered on January 6th 2018. You can already feel it coming, last Saturday nothing received. No phone but also no mail or any form of other correspondence. I called again and they can't give me an answer when the iPhone x will be delivered. My answer was, fine but then I want to cancel my subscription so I can order elsewhere. I got the answer, this is not possible because your 14 days' reflection period has expired. I feel quite ripped off! I am constantly being lied to and they can do nothing for you. I would like to know what my rights are as a consumer in this situation. Thanks in advance for your answer!

Lawyer

The 14-day cooling-off period only starts after you have received the product. You can then still return the phone. The cooling-off period applies to the subscription if you have requested it. If this is not the case, you are in principle stuck with the subscription. You can, however, request compensation for the time that you have not used the subscription. For further assistance or information, please contact me directly.

Questioner

Thanks for your response! In the conditions as included in GSMweb under article 6 it says the following: Agreement with GSMWEB can be terminated free of charge within 14 calendar days after receipt of the Product, without giving any reason. Terminating an agreement actually means terminating the subscription, right? That is the agreement I entered into with GSMweb.

Lawyer

If specific service conditions (e.g. subscription) apply from GSM belonging to the product, you can use the right of withdrawal for both the product and subscription free of charge. As stated, this takes effect upon receipt of the product. If these service conditions do not apply, you must request this within 14 days for withdrawal of the subscription. If you would like more information or assistance, you can also contact me directly.