Cancellation of the glasfiber contract that was sold to me over phone

vor einer Stunde

I am writing regarding an alleged fibre-optic (Glasfaser) contract that appears to have been created in my name, although I never gave my consent or approval in text form as required by law.

Background:

  1. I have been a satisfied Telekom DSL customer for approximately three years. 

2. Around one month ago, our building management informed all residents about the planned installation of fibre infrastructure. Shortly after, I received a sales call from Telekom regarding fibre internet.

3. The call was brief because I had another meeting in ten minutes, and I did not understand the details fully and disconnected the call because of the other more important meeting.

4. Despite this, I received an order confirmation email shortly after, even though I never placed any order, never signed anything, and never confirmed any offer by email or text message.

5. I was unable to respond immediately. When I contacted Telekom to clarify (more than 14 days after their order confirmation email) , I was informed that I could no longer cancel the fibre contract and would be bound for a 24-month minimum term – even though I never approved the contract and no service has been activated

Legal situation:  According to § 54 (3) of the German Telecommunications Act ( TKG ), any telecommunications contract concluded over the phone only becomes effective once the consumer has received and explicitly approved the contractual summary in text form (e.g. by email or letter). I never approved any such contract summary. Therefore, the alleged fibre contract has no legal effect and is not binding.

6. Furthermore, the fibre service has not been provided or used, and I remain completely satisfied with my existing DSL connection.

Glasfasser Bestellung id: 251016-PSM-21GNOM

Therefore formally request that Telekom:

  1. Cancel and declare void the alleged fibre-optic contract immediately. 
  2. Confirm in writing that no costs, obligations, or minimum-term commitments will arise from this invalid order. 

If not:

Provide evidence of: 

    1. When and how I approved the contract in text form.

    2. Provide a copy of the call recording and of any alleged marketing consent (as required under Art. 7 GDPR). 

    3. If no valid consent was obtained, the sales call constitutes unauthorised telemarketing, which I may report to the Bundesnetzagentur.

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      • vor einer Stunde

        @Jacqueline G. help please.

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