Rücktrittsrechte

Rücktrittsrechte, often translated as rights of withdrawal or rescission rights, are legal entitlements that allow a consumer to cancel a contract under certain conditions. These rights are primarily designed to protect consumers in situations where they may have made a purchase without full information or under pressure.

The most common scenario for Rücktrittsrechte is in distance selling (Fernabsatzgeschäfte), such as online purchases, mail-order sales, or telephone orders. In many jurisdictions, consumers have a cooling-off period, typically 14 days, during which they can withdraw from the contract without providing any reason. This period usually begins from the date the goods are received or the contract is concluded.

The right to withdraw is generally not applicable to all types of contracts. Exceptions often include personalized goods, perishable items, sealed products that have been unsealed, or contracts for services that have already been fully performed with the consumer's consent.

To exercise a Rücktrittsrecht, the consumer must typically inform the seller clearly and unequivocally of their intention to withdraw. This is often done in writing, though specific methods may vary by law. Upon withdrawal, both parties are usually obligated to return any received goods or payments. The seller generally bears the cost of returning the goods unless otherwise specified in the contract or by law.

These rights are a crucial consumer protection mechanism, fostering trust and security in commercial transactions, particularly those conducted remotely where the consumer cannot physically inspect the goods or fully assess the service before purchase.