Widerrufserklärung

A Widerrufserklärung, often translated as a declaration of revocation or withdrawal, is a formal statement by which a party cancels or rescinds a previously concluded contract or declaration. This right of withdrawal is typically granted by law in specific situations, particularly in consumer contracts, to protect consumers from potentially hasty or uninformed decisions.

In Germany, for example, the consumer right of withdrawal is regulated by the Bürgerliches Gesetzbuch (BGB). It generally applies to distance selling contracts (Fernabsatzverträge) and contracts negotiated outside of business premises (Außergeschäftsraumverträge). Consumers usually have a period of 14 days to exercise their right of withdrawal, starting from the receipt of the goods or the conclusion of the contract.

The Widerrufserklärung does not require specific wording but must clearly express the intent to withdraw from the contract. It should ideally be sent in writing, for example, via postal mail or email, to ensure proof of dispatch and receipt. Once a valid Widerrufserklärung is issued, the contract is considered void from the beginning (ex tunc), and both parties are obligated to return any received performances. The consumer typically bears the cost of returning the goods unless otherwise agreed. Exceptions to the right of withdrawal exist for certain types of contracts, such as custom-made goods, sealed items that are not suitable for return due to health or hygiene reasons, or digital content.