First, why did you trick me €318 with an irrelevant contract term? Your invoice says that you need to charge the commission fee for not sending a sold item regarding the terms and conditions §9.3 on your website. However, based on https://www.rebelle.com/en/seller-terms, term §9.3 states “REBELLE will inform the seller about the upcoming return”. Apparently term §9.3 unrelated with your commission.
Second, as I stated several times before, my delay of sending the sold item was due to COVID-19 situation, which is commonly known as a global pandemic, NOT a reason I am responsible for. Hence, any terms and conditions regarding your commission is NOT effective under this circumstances.
In term of what are mentioned above, I believe that you have been tricking me and taking advantage of me on purpose.
Moreover, as a service provider, you failed to deliver customer service due to the facts that:
- You cancelled the order unilaterally with no notice beforehand
- You assumed I was not willing or able to send the item with no confirmation with me
- There was no expected delivery time or deadline mentioned in any of your notification emails
- There was no customer support to cope with COVID-19
- Tricking me with irrelevant contract term.
You have been purposefully neglecting your bad customer service, whereas wrongly claimed me to be fully responsible for the cancellation, particularly in the global pandemic situation. Even more, insisting on charging an unreasonable commission - €318.
Under EU law, standard contract terms and conditions used by traders have to be fair. Your contract is not allowed to create an imbalance between the rights and obligations as a consumer and the rights and obligations of you. Contract terms that are unfair under EU law have no legal or binding force on consumers.
Apparently, your unfair contract terms only favour your benefit. This undoubtedly created imbalance between my rights and obligations as a consumer and the rights and obligations of you.
If you continuously insist on charging this unfair commission, I will have to report your company to the National Authorities as a consequence of breaching EU consumer protection rules.
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