The right of withdrawal was last changed in 2014. Online traders and entrepreneurs must grant their customers a 14-day right of withdrawal for distance contracts. For this purpose, a revocation instruction must be sent to the customer, informing him/her of his/her rights. A sample revocation form must also be provided. The revocation instruction and revocation form are uniformly designed throughout Europe and can be downloaded from the website of the German Federal Government. We will inform you about the most important changes and special features of the right of revocation.
Revocation instruction for consumers mandatory
Online purchases have some special features: The buyer can neither try on the goods nor feel or examine them. Therefore, the German legislator has introduced legal provisions for distance selling contracts. These are defined in § 355 BGB and §§ 312 ff. BGB (German Civil Code). § Section 312c BGB states that distance contracts are contracts concluded between a trader and a consumer. Only means of distance communication must be used, i.e. the contracting parties may not be physically present. Distance communication means are online systems, letters, e-mails, telecopies, telephone calls, catalogues, SMS, radio and telemedia. § 312d BGB stipulates that the consumer must be informed by the entrepreneur of his right of withdrawal. § 312g BGB states that consumers have a right of revocation in accordance with § 355 BGB for distance contracts. The revocation period is 14 days from conclusion of the contract and is uniform throughout Europe. Online shops and traders who have not sent their customers a revocation instruction must accept some disadvantages. The 14-day revocation period does not begin to run without revocation instructions, i.e. customers can revoke quasi eternally. A revocation instruction is not very complicated and does not have to be made individually. The Federal Government has drafted a legal model for the revocation instruction, which can be downloaded and adopted. The current sample is dated 13.06.2014. Since the last change, a revocation form has been added, with which the customer can declare his revocation.
Changes and special features of the right of withdrawal
The cancellation policy must be sent to customers in such a way that they can clearly take note of it. For this reason, many online stores install click buttons with a statement such as "I have read the cancellation policy". Others send the cancellation statement in the e-mail order confirmation so that it is immediately available to the customer. Since the last changes in 2014, the customer is obliged to clearly declare his revocation. Returning the goods without comment is no longer sufficient. The retailer or online store must provide the customer with a sample form for the revocation. It is not sufficient to send the form once - it must be available on demand. The model form for revocation is designed uniformly throughout the EU. Ideally GENERAL TERMS AND CONDITIONS, cancellation policy and cancellation form to the order confirmation in the E-mail can be attached. Online shops and entrepreneurs must confirm receipt of the declaration of revocation to their customers. If the consumer receives the Contract is revoked, a 14-day period for both parties to return the services received applies, i.e. the buyer must return the goods within 14 days and the seller must transfer the purchase price back. As long as the goods have not arrived at the seller's premises, the seller does not have to refund the purchase price. An exception is when the buyer can prove that the goods have already been dispatched and are on their way.
Things to know about the right of withdrawal
As soon as a consumer makes use of his right of revocation, he must bear the costs of the return shipment. However, this only applies if the entrepreneur has pointed this out in the cancellation policy. A separate agreement is not necessary for this. Many online traders take over the return costs voluntarily in order to offer an upscale customer service. The costs of sending goods to the customer must still be borne by the merchant and may not be reclaimed from the customer. If the goods are not suitable for parcel delivery, the online merchant must indicate the amount of the shipping costs in the cancellation policy. Although the right of revocation for consumers is 14 days, this can be extended at will if the revocation instruction is missing. After twelve months at the latest, the right of revocation expires in any case - regardless of whether the revocation instruction has been given or was legal. The legal changes from 2014 have brought about some special features. In the meantime, there are various exceptions to the right of revocation. Many articles from the areas of health and hygiene cannot be returned. The same applies to easily perishable food. Consumers are not entitled to a right of withdrawal even if the goods are sealed and the seal has been removed. The same applies to goods that are not suitable for return due to their natural properties. When paying for goods, online shops may no longer offer a single means of payment that includes a surcharge or surcharge. At least one additional means of payment must be available with which the invoice can be paid without additional costs. To ensure that a contact person can be contacted in the event of a withdrawal or in case of questions, online merchants must have a telephone number and communicate it clearly. Checkboxes that refer, for example, to general terms and conditions, revocation instructions or similar must no longer be automatically checked, i.e. preset.
