Right of withdrawal
1. Right of withdrawal in the event of incorrect
The withdrawal period for all members is 14 days from the receipt of the contacts. Previously, the minimum period in some countries was only 7 days.
2. Right of withdrawal in the event of incorrect instruction
The so-called “perpetual right of withdrawal” will be abolished. In the event of a missing or incorrect cancellation policy, the right of cancellation is extended to 12 months after the 14-day period. According to previous law, the right of withdrawal remains unlimited (“forever”) if the consumer has received no or incorrect instructions on the right of withdrawal.
3. Declaration of cancellation
Consumers must explicitly declare their cancellation in the future. Simply returning the goods is not enough. At the moment, returning the goods alone is sufficient for a declaration of cancellation.
4. Shipping costs to the customer
The entrepreneur bears the regular forwarding costs with the exception of any express surcharges. So far, the entrepreneur had to reimburse the consumer for the cost of sending the goods, but surcharges for express or cash on delivery were also included in the shipping costs.
5. Shipping costs back to us
The return costs when exercising the right of cancellation – regardless of the value of the goods – will in future be borne by the consumer if the dealer has informed about this legal consequence. So far, the entrepreneur could only contractually impose the cost of returning the goods on the consumer within the framework of a cost sharing agreement if the price of the returned goods was not more than 40 euros.
6. Right of retention
The entrepreneur can refuse to refund the purchase price as long as he has not received the goods or the consumer has not proven the return of the goods. This is an advantage compared to the previous legal situation, because at the moment both the entrepreneur and the consumer have the right to refuse their own performance until the consideration has been paid. This is an unfortunate starting point in the mail order business.
7. Extension of the exceptions to the right of withdrawal
In the future, for example, it will no longer be possible to cancel the contract for the delivery of sealed goods that are not suitable for return due to health protection or hygiene reasons.
8. No right of cancellation for downloads
The cancellation of the right of withdrawal for downloads is explicitly regulated for the first time. To date, there is no specific legal regulation. Nevertheless, individual courts have already decided that a download product cannot be revoked. This jurisprudence is confirmed with the legal change.
9560 Feldkirchen i. K.,
Tel.: 0043 6649285234