New right of withdrawal for online trading from 2014: All information
As the operator of an online shop, you have a new right of withdrawal in online trading from 13.06.2014. We'll tell you what you as an operator or customer need to know.
New right of withdrawal for online trading from 2014
Every shop operator must implement all changes by June 13, 2014. If there is no change, you must expect a warning from the key date. The new right of withdrawal applies not only in Germany, but uniformly throughout the European Union. This means you can shop abroad with the same legal security.
1. Right of return and cancellation in online trade
From now on, a right of return will be waived. For many buyers but also for many sellers, the difference between return and revocation was not entirely clear. There is only one uniform right of withdrawal. Sellers with the right of return must switch to the right of withdrawal. This makes trading more transparent for the customer.
2. Deadline, form and reason for the cancellation
- Withdrawal period: The right of withdrawal expires automatically after a period of 14 days with correct instruction. If no instructions have been given in text form when the contract was concluded, the period is one month.
- Form of revocation: The customer no longer has to give the revocation in writing, but can now do so by phone.
- Reason for revocation: The customer can no longer send the goods back without a comment, but must, for example, use e-mail or a contact form to state a reason for the return. The dealer must then send a written confirmation of acknowledgment. After receiving the goods, the dealer has 14 days to refund the payment.
3. Returns from 2014
The consumer now bears the cost of the return. The € 40 clause is therefore no longer applicable. Even if many operators will continue to offer free returns, the cost of a return can now be passed on to the customer.
4. New rules for downloads
Digital goods and downloads can also be excluded from the revocation. For this, however, the customer must receive a notice in advance and accept the exclusion from the revocation by checkbox.
5. Samples for buyers and sellers for the new right of withdrawal
- Sample form: Shop operators must not only instruct the right of withdrawal in writing, but also provide a withdrawal form. Before, the customer was on his own here.
- Model cancellation policy: Although there is a uniform model, the operator must adapt this to your shop in many places. Even Internet law professionals face a tricky task here. The devil is in the details, which is why operators should seek professional advice. It is expected that warning firms will look specifically for such errors.
6. Exceptions to the right of withdrawal
A large number of the various exceptions still exist. The right of withdrawal does not apply to custom-made products or products that the shop cannot resell for hygienic reasons. All exceptions can be found in § 312g BGB.
We will show you how to create your own online shop in the next practical tip.