Right of withdrawal for online purchases: 14 days and their exceptions

Ordered online and it does not fit, you do not like it, or it was a silly idea at midnight? For exactly these cases there is the statutory right of withdrawal (Widerrufsrecht): with distance contracts, consumers can undo the contract within 14 days without giving reasons. That sounds simple, but it has subtleties that traders and customers alike regularly get wrong: When does the period begin? What is excluded? And who pays for the return shipping?

The short answer

For purchases made online, by telephone or by catalogue, consumers generally have a 14-day right of withdrawal towards businesses (§ 355 BGB, German Civil Code). For the purchase of goods, the period does not begin until you (or a person named by you) have received the goods, not already with the order (§ 356 Abs. 2 BGB), and in any case only once the trader has properly informed you about the right of withdrawal. If the information is missing, the right of withdrawal expires only 12 months and 14 days after the actual start of the period (§ 356 Abs. 3 BGB). Important exceptions (§ 312g Abs. 2 BGB): custom-made items, quickly perishable goods, unsealed hygiene articles, and unsealed data carriers containing software or music. The customer bears the return costs only if the trader informed them of this beforehand (§ 357 Abs. 6 BGB).

Where the right of withdrawal applies, and where not

The right of withdrawal applies to distance contracts between a business and a consumer, that is for orders via website, app, telephone or catalogue, and also for contracts concluded away from business premises (for example at the front door). There is no statutory right of withdrawal, by contrast:

• for a purchase in a physical store (exchanges there are purely a goodwill gesture),
• for purchases from private individuals, for example via classified-ad portals,
• for the statutory exceptions in § 312g Abs. 2 BGB (see below).

The withdrawal must be made through an unambiguous declaration (§ 355 Abs. 1 BGB). Sending the goods back without comment has no longer been reliably sufficient since 2014. Use the trader's model withdrawal form or a short email: "I hereby withdraw from the contract regarding ... of ...". No reason is needed. To meet the deadline, dispatching the withdrawal in time is enough (§ 355 Abs. 1 S. 5 BGB).

When the 14 days really begin

The period is 14 days (§ 355 Abs. 2 BGB), but the starting point depends on the type of contract (§ 356 Abs. 2 BGB):

• Purchase of goods: on receipt of the goods.
• Several goods in one order, delivered separately: on receipt of the last part delivery.
• Regular delivery over a period (for example a goods subscription): on receipt of the first delivery.
• Services and digital content: on conclusion of the contract.

In all cases, the period only runs once the trader has fulfilled its information duties and correctly informed you about the right of withdrawal.

Missing or incorrect information: 12 months and 14 days

If the trader does not inform you about the right of withdrawal at all, or does so incorrectly, the 14-day period does not begin to run. The right of withdrawal then expires only 12 months and 14 days after the point at which the period would have begun with correct information (§ 356 Abs. 3 S. 2 BGB). In practice this means: for a purchase of goods without proper withdrawal instructions, you can withdraw for up to roughly 12.5 months after receiving the goods. If the trader provides the information belatedly, the normal 14-day period runs from that point.

The most important exceptions (§ 312g Abs. 2 BGB)

There is no right of withdrawal, among others, for:

• Custom-made and personalised goods: made to the customer's specifications or clearly tailored to personal needs, for example the engraved ring, the photo book, the cut-to-size worktop.
• Quickly perishable goods and goods with a short use-by date.
• Sealed goods that are not suitable for return for reasons of health or hygiene, once the seal has been removed: for example cosmetics or erotic articles. Important: the exception applies only with a genuine hygiene seal and only after unsealing, not with every torn-open piece of film.
• Unsealed audio and video recordings and software: the unpacked CD, DVD or game case.
• Newspapers and magazines (except subscription contracts).
• Goods that, after delivery, were inseparably mixed with other items, for example heating oil that has been filled in.
• Delivered and connected goods in certain constellations, as well as some further special cases such as forward transactions with fluctuating prices (e.g. precious metals).

For digital content (downloads, streams), the right of withdrawal expires early if you expressly agree that the provider begins delivery immediately and confirm your knowledge of the expiry (§ 356 Abs. 5 BGB). The same applies to fully performed services (§ 356 Abs. 4 BGB).

Return costs and refund

Who pays for the return shipping? The customer, but only if the trader properly informed them before concluding the contract that they bear the costs of the return (§ 357 Abs. 6 BGB). If this notice is missing, the trader is left with the costs. Many large shops cover the return shipping voluntarily, but there is no statutory entitlement to this.

The trader must refund all payments including the standard outbound delivery costs within 14 days of receiving the withdrawal; however, it may wait until it has the goods back or you have provided proof of return (§ 357 Abs. 4 BGB). Surcharges for express shipping do not have to be refunded. You may inspect the goods as you would in a shop; for use going beyond that, the trader can demand compensation for the loss of value (§ 357a BGB), so the worn dress or the device used for weeks may go back at a higher cost than it arrived.

In brief for Austria and Switzerland

In Austria, a very similar 14-day right of withdrawal applies under the FAGG (§ 11 FAGG), with comparable exceptions (§ 18 FAGG) and the 12-month extension where information is missing.

In Switzerland there is no general statutory right of withdrawal for online purchases. Return rights there are based on goodwill or on the trader's terms and conditions; check the return conditions before ordering. Only for a few types of contract (for example doorstep transactions, consumer credit) does the law provide for rights of withdrawal.

Frequently asked questions

Do I have to keep the original packaging? The withdrawal is effective even without the original packaging. For a safe return, however, it makes sense, and where packaging is missing, compensation for loss of value may be an issue in individual cases.

Does the right of withdrawal also apply to reduced items? Yes. Sale goods are not excluded from the right of withdrawal for online purchases. Exclusion clauses in terms and conditions ("reduced goods are excluded from exchange") do not change that.

The trader is not responding to my withdrawal. What now? Set a deadline for the refund in writing and document that your withdrawal was received. If that does not help, the Verbraucherzentralen can assist; if you paid by direct debit or credit card, a reversal may be possible.

Important note

We are an independent citizens' initiative (Bürgerinitiative) and provide general information. This text is not legal advice for an individual case. In the event of a dispute or uncertainty, contact your Verbraucherzentrale (consumer advice centre) or a lawyer.