Rücktrittsrecht

Rücktrittsrecht refers to the legal right of a consumer to withdraw from a contract within a specified period after concluding it. This right is typically granted in specific types of contracts, most commonly in distance selling (e.g., online purchases, mail order) and off-premises contracts (e.g., doorstep sales). The primary purpose of Rücktrittsrecht is to protect consumers by giving them time to reconsider their purchase decision after the initial impulse or without having had the opportunity to examine the goods or services in person.

In many jurisdictions, such as within the European Union, consumers are generally entitled to a 14-day cancellation period. This period usually begins from the day the consumer receives the goods or, in the case of services, from the day the contract is concluded. During this time, the consumer can revoke the contract without providing a reason. The trader must inform the consumer about their Rücktrittsrecht, including the conditions, time limits, and procedures for exercising it.

If a consumer decides to exercise their Rücktrittsrecht, they must notify the trader of their decision. This notification can often be done in writing, by email, or by using a model withdrawal form provided by the trader. Following the revocation, the consumer is usually obligated to return the goods, and the trader must refund any payments received from the consumer, including the costs of the initial delivery, within a specific timeframe, typically 14 days. The consumer may, however, be responsible for the costs of returning the goods. Certain goods and services may be excluded from the scope of Rücktrittsrecht, such as personalized items, sealed goods that have been unsealed, or services that have already been fully performed with the consumer's consent.