The right of withdrawal has become one of the most important consumer rights (not only) in distance selling. The changes that have now been implemented in Germany will further strengthen consumer rights.

What changes are there?

The following overview illustrates the most important changes for distance selling (including internet sales):

• The withdrawal period is now 14 days for the entire EU.
• A uniform model withdrawal policy is prescribed.
• The customer can no longer return the purchased goods without comment, but must clearly declare their withdrawal. The retailer must confirm receipt to the customer.
• The retailer must provide the consumer with a withdrawal form. This must be done at the latest with the delivery of the goods.
• If the consumer withdraws from the contract, a period of 14 days applies for both parties for the return of the services received. The retailer may retain the purchase price until he has received the goods back or proof of dispatch has been provided.
• The right of withdrawal now expires at the latest 12 months after the start of the period.
• The consumer must bear the costs of returning the goods if the trader has informed him of this in advance.
• In the case of goods that cannot be sent by parcel post, the online retailer must state the amount of the return costs in the cancellation policy.
• The retailer must have a telephone number available for contact. The cost of a call may not exceed the basic rate. The use of special numbers subject to a charge is therefore no longer possible.

Right of withdrawal not without exceptions

As is so often the case, there are exceptions to these fundamental changes. Some of these are already provided for by the legislator. However, some of the exceptions also result from the relevant case law.

Sample withdrawal policy

Sample instructions from the Federal Ministry of Justice and Consumer Protection (BMJV) can be found here. If necessary, these must be checked and adapted to the individual case.