Revocation of distance selling transactions: All rights and information

The new right of withdrawal for distance selling has been in force since mid-2014 and is intended to strengthen consumer rights. In order for the right of withdrawal to apply, there are a number of things you need to consider. We have put together the most important information.

Revocation of distance selling transactions - you should note that

The Distance Selling Act covers transactions that have been concluded outside of official business premises. This includes doing business on the phone as well as at the front door. Online business is probably the lion's share today.

• Regardless of some subtleties, you should remember the 'magic 14' and always insert the revocation as soon as possible.
• Legislators usually give you 14 days to cancel a distance selling transaction.
• The cancellation period expires as soon as you have been informed by the seller about your right of cancellation. Since the sellers know this, you can assume that the instruction, in whatever form, has been given. Even if you may not have noticed it so consciously in the hustle and bustle. The sellers usually ensure that they have appropriate, court-relevant evidence in their hands.
• In the case of online transactions, the objection period runs from the moment the parcel delivery agent delivers the goods to you. It does not matter whether you or a neighbor, for example, accepted the parcel.
• Large online shops such as Amazon or Zalando grant you an extended return period on a voluntary basis, but you are only legally entitled to 14 days.
• In order not to take any risks, you should not wait until the last second if you want to cancel the distance selling business. As soon as you know that you want to cancel the contract, you should start the process.
• In addition to the time limit, there are a number of things to consider regarding the formal form when withdrawing a distance selling transaction.

Set up a written cancellation in the correct form - so it works

In order for your revocation to be successful, you should submit it in writing. This is particularly true if you do not know the seller and cannot assess the seriousness.

• The best way to send your revocation is by registered mail and return receipt. If you want to be absolutely sure, take one or two witnesses with you to the post office, who can confirm, if necessary, that the corresponding revocation was in the registered letter.
• Check in advance who your contractual partner is and which business address has been given. In the case of telephone or doorstep shops in particular, the following often applies: The seller is usually not your contractual partner.
• In your revocation, enter your name and address in addition to the company name and address of the contractual partner. Furthermore, it must be clear what your revocation relates to. In the revocation, for example, therefore, record the article and article number, or contract number and contract date. The more detailed your explanations are, the more unmistakable your cancellation.
• Make it clear and unequivocal that you are objecting to the contract in due time. Please politely but firmly ask the contractual partner to immediately confirm the cancellation you have received.
• Important: do not forget to sign the revocation.
• Tip: If you are interested in the legal basis, look up paragraphs 355 to 361 in the Civil Code.

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