Quote from: Aswan on February 08, 2014, 02:07:48 PM

Hi Soulistyce,

I am Mario, director of CryptoCoins Consulting Ltd. We run www.pi-wallet.com and operate in Germany which is why I know how customers can deal with such a problem.

First of all, Portugal is in the EU which means you have a revocation right regarding most online mail order contracts (including the one you talk about). In Germany, this can be done within 14 days after getting your product. However, German companies have to offer the same 14 days to everyone else in the EU and if in the destination country the deadline is longer, even German companies have to grant the longer deadline.
For Portugal it is 14 days as well so theres no difference here.

However, the deadline will start not before receipt of the goods by the recipient (not before receipt of the first partial delivery in the case of recurrent supply of similar goods), nor before fulfillment of the companies information obligations as per Article 246 § 2 in conjunction with § 1 Sections 1 and 2 EGBGB. These obligations include explaining to you that you have such revocation rights and how you can make use of them. If they didn't explain that to you, then the deadline didn't start and you can make use of it whenever you want until they informed you about it, which will start the deadline of 14 days.

If you want to make use of your revocation right, you just send them a mail (e-mail or paper mail) telling them that you make use of your revocation right. If you did that within the deadline, then you can send it back afterwards or ask them if they want you to send it back with a specific delivery service etc. The company will have to pay the cost for the delivery service and refund you in full (including shipping cost). Note that the deadline has been met if you sent the mail in time, even it it takes 20 days or more until the item is delivered back to the company.

They will then have to refund you. However, if the item is damaged they will only have to refund you partially depending on the severity of the damage. On the other Hand there is also a warranty on such a product. This means that, if your ASIC stops working within 6 months after you got it, then it is automatically implied that it has had some defects at the time of sale, meaning that the seller will have to replace it unless they can prove it was your fault. After 6 months have passed, there's another 18 months in which you can get a replacement/refund but you will have to prove it's their fault, not the other way around.

Additionally, and this is something not even a lot of Germans know and German companies often try to tell the clients it wasn't that way, you can choose if you want the product repaired or if you want a new one. It's your choice, not the sellers choice (unless the product is no longer available, then you will have to go with a repair).

I hope that helped,

Mario

thanks, for want ive understand i have to invoque the article 246 § 2 in conjunction with § 1 Sections 1 and 2 EGBGB and ask for a refund, but my problem its that they are completly ignoring my emails, they wont reply to any of them Huh