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Emergency

Contract over the phone: when it is invalid without confirmation

Anyone talked into a contract over the phone is especially in need of protection. In certain areas, a contract concluded by telephone only becomes valid once you subsequently confirm it in text form. Alongside this, there is often a right of withdrawal.

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Your chances of getting your money back

For contracts initiated over the phone, a confirmation solution can apply: the contract only becomes valid once the business transmits the offer in text form and the consumer confirms it in text form. Alongside this, a right of withdrawal applies in distance selling.
If no valid confirmation was given, no contract comes into existence in the covered areas. Independently of this, you can usually withdraw from distance contracts within the withdrawal deadline.

What you should do now

  1. 1

    1. Check the process

    Clarify whether you confirmed the contract in text form.

  2. 2

    2. Refuse confirmation

    If you confirmed nothing, reject a claim.

  3. 3

    3. Declare the withdrawal

    Independently of this, you can withdraw on time.

  4. 4

    4. Check the debits

    Check the debits and object to unjustified amounts.

How to spot the scam

  • A service is charged although you confirmed nothing in text form.
  • A telephone consent is presented as a valid contract.
  • The withdrawal deadline passes unused.

Frequently asked questions

Is a contract concluded over the phone valid?

That depends on the area. In certain cases a confirmation solution applies: the contract only becomes valid once the business sends the offer in text form and you confirm it in text form. Without this confirmation, no contract then comes into existence.

Can I withdraw from a telephone contract?

Yes. Contracts concluded by telephone are distance contracts, so there is usually a 14-day right of withdrawal. If you were not properly instructed, the deadline is extended. So you can free yourself even if a contract came into existence validly.

What to do with contracts foisted on you?

Reject in writing that a valid contract came into existence, withdraw as a precaution and object to debits. Have the alleged contract offer and your alleged consent proven. Keep all correspondence as evidence.

Take action now

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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.