Exercising the right of withdrawal

The consumer’s declaration of withdrawal from the contract does not require a particular form. This means that a declaration of withdrawal made via SMS or telephone call is also valid. It is also possible for the withdrawal from the contract to be declared by means of the model withdrawal form | Part B (→ RIS)^{German text}. It is sufficient if the declaration of withdrawal is sent within the prescribed period.

The consumer does not have to give reasons when declaring his/her withdrawal.

If the withdrawal from the contract is declared by letter, it is sufficient if the letter was posted at the post office within the withdrawal period. This is the case irrespective of whether the declaration of withdrawal is not received by the online shop operator until after the 14-day withdrawal period has expired.

It is, however, more advisable to always make a declaration of withdrawal in writing, for example by means of a letter (keeping a record of the postmark noting the date on which the letter was posted), email or SMS. It is advisable to keep a record of the declaration of withdrawal in order to be able to prove that the withdrawal was implemented in a timely manner.

If the consumer is supplied with unsolicited goods (provided that this is not due to an error) by a trader, they do not have to be paid for. The unsolicited goods can also be kept or simply discarded; the consumer is not obliged to return them. In the case of an erroneous dispatch, however, the consumer must inform the trader or return the goods to him/her.

Legal basis

Fern- und Auswärtsgeschäfte-Gesetz (FAGG)