Can I cancel my own degree?
Revoking a contract: when to do this and how to revoke it
Do I have to justify why I am canceling a contract?
No, you do not have to give a reason for your revocation. The Federal Court of Justice confirmed this once again with its judgment of March 16, 2016 (Az. VIII ZR 146/15).
Do I have a right of withdrawal for every contract?
No. You can only revoke the following purchases and contracts:
- "Distance Selling" - contracts that are concluded exclusively via distance communication, that is
- via the Internet,
- during a phone call,
- by letter, postcard or fax.
However, the prerequisite is: The entrepreneur regularly conducts his business at a distance. This does not include the mom and pop shop, where you can occasionally order over the phone.
- outside of business premises, that is
- at the front door / in your apartment,
- at work,
- in the street,
at an event such as a coffee trip.
You can read more information here.
Can I also revoke contracts that I have concluded in a shop?
There is no statutory right of withdrawal here. However, many companies are accommodating and offer the exchange or return of goods within a certain period (for example 30 days). However, there is a statutory right of withdrawal for many financed contracts concluded in the store. If you pay for the mobile phone bought in the store for over 200 euros, for example in monthly installments, you can cancel the contract with a revocation. In summary, you have a right of withdrawal in the following cases:
- when the contract was concluded Installment payments agreed
- the sales contract is with a Loan agreement connected
- there has been a Financial aid granted - for example in the case of a leasing contract with a purchase obligation or if a Mobile phone together with contract more than 200 euros is sold cheaper than without
- things that belong together, like the volumes of a lexicon, become gradually delivered and should paid in installments become.
- You get the regular delivery of similar items, for example with newspaper or magazine subscriptions
- the contract, for example with a book club, sees them regular acceptance of goods in front.
The Purchase price but must in these cases more than 200 euros be and be credited for more than three months.
Does the right of withdrawal apply to "Click & Collect"?
Order goods online and pick them up in stores - this form of sale has become popular, especially due to the corona pandemic. Whether you have a right of withdrawal depends on the conclusion of the contract. For example, if you buy a product on a relevant website (e.g. Online shop, Auction platform), you also have the right of withdrawal. Circumstances after the conclusion of the contract, such as the pick-up or the payment method, do not play a role.
Make the final purchase decision only in the store, however no right of withdrawal. This is the case, for example, when the goods are on the website only reserved and you will then make the final purchase decision on site.
The dealer claims that there is no right of withdrawal in my case, can that be true?
The right of withdrawal does not apply to every product. There are the following exceptions:
- This applies, for example, if the goods - as with bespoke suits - are on your personal needs is tailored. For the seller, this often means that he cannot resell the goods.
- Are also excluded from the right of withdrawal perishable goods like fresh food.
- The same applies to contracts for the delivery of Newspapers, magazines or magazines - unless it is a subscription.
- You can also purchase Train tickets, package tours and tickets for concerts no longer revoked. As well as events that take place at one specific date occur.
- Special feature of contracts outside of business premises: If you have received and paid for the service or goods immediately, there is no right of withdrawal if you have € 40 or less have spent on it.
In other exceptional cases there is basically a right of withdrawal, but this can before the withdrawal period expires omitted:
- For example sealed goodsthat are not suitable for return for reasons of health protection or hygiene. So if you remove a seal on a cream, for example, you can lose the right of withdrawal. However, this only applies to goods for which it is absolutely impossible to offer them for sale again without impairing health or hygiene. If the goods can be offered for sale again on the market after cleaning, the exception does not apply. Toilet seats, for example, are not hygiene items. Mattresses are also not hygiene articles (ECJ, judgment of March 27, 2019, Az. C- 681-17). In addition, the ECJ confirmed that clothing does not fall under the exception. In our opinion, this means that you can also cancel the purchase of underwear and swimwear.
- At sealed CDs, DVDs or the likewhen you have removed the seal.
- At Services such as dating, translation or advice, the right of withdrawal may expire if the entrepreneur has already provided his service in full. Important: You must have agreed to this and confirmed to the entrepreneur that you are aware that you will thereby lose your right of withdrawal. A hidden note in the terms and conditions is not enough.
- Also at Acquisition of digital content like music, films etc., the right of withdrawal may expire as soon as the download or streaming begins. Here, too, you must have expressly agreed that the download should begin. In addition, you must have confirmed that you are aware that you will lose your right of withdrawal. Neither a note in the terms and conditions nor a mere click on the buy button are sufficient for this.
The contract has been canceled, what do I have to do now?
Return goods: After the cancellation has been made, you must bring the goods back to the dealer within 14 days, unless the dealer has offered to pick up the goods. You must not be forced to use the original packaging. You can find the return address in the cancellation policy. The trader bears the risk of loss or damage to the goods in transit.
You get paid money back: The seller is obliged to repay your money within 14 days of receipt of the declaration of cancellation. He can wait with the transfer until he has received the goods back from you or you send him a posting receipt.
The retailer not only has to reimburse you for the purchase price, but also for the shipping costs that you paid for shipping the goods to you after placing your order. Additional costs for express delivery, for example, are excluded. In return, you have to bear the costs of returning the goods, unless the retailer has agreed to accept them or has not informed you of the cost of the return prior to the conclusion of the contract.
Value replacement: If you have damaged the goods or if they have lost their value in some other way, the retailer can demand compensation for the value if he has legally informed you of your right of withdrawal before concluding the contract. However, this does not apply if the loss in value is due to handling of the goods that was necessary to check the quality, properties and functionality of the goods. That means you can unpack and test the goods. This may also include the assembly of furniture delivered disassembled, without this leading to an obligation to pay compensation or even to the elimination of the right of withdrawal. In the case of services, you must pay the entrepreneur compensation for the service provided up to the point of revocation if you have been properly informed of your right of revocation and have expressly requested that the entrepreneur begin to provide the service before the revocation period has expired.
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