Civil Code (BGB)
§ Section 356 Right of revocation for contracts concluded away from business premises and distance contracts
(1) The Entrepreneur may give the Consumer the option to fill out and submit the model withdrawal form pursuant to Annex 2 to Article 246a § 1 paragraph 2 sentence 1 number 1 of the Introductory Act to the Civil Code or another clear declaration of withdrawal on the Entrepreneur’s website. If the consumer makes use of this option, the entrepreneur must immediately confirm receipt of the withdrawal to the consumer on a durable medium.
(2) The withdrawal period shall commence1.in the case of a sale of consumer goods,a)which does not fall under letters b to d, as soon as the consumer or a third party nominated by the consumer who is not the carrier has received the goods,b)in which the consumer has ordered several goods as part of a single order and the goods are delivered separately, as soon as the consumer or a third party nominated by the consumer who is not the carrier has received the last goods,c)where the goods are delivered in several partial consignments or pieces, as soon as the consumer or a third party other than the carrier and designated by the consumer has received the last partial consignment or piece,d)where the contract is for the regular delivery of goods over a fixed period of time, as soon as the consumer or a third party other than the carrier and designated by the consumer has received the first goods,2.in the case of a contract which has as its object the supply of water, gas or electricity not offered in a limited volume or in a specified quantity, the supply of district heating or the supply of digital content not on a tangible medium, upon conclusion of the contract.
(3) The withdrawal period shall not begin before the entrepreneur has informed the consumer in accordance with the requirements of Article 246a § 1 paragraph 2 sentence 1 number 1 or Article 246b § 2 paragraph 1 of the Introductory Act to the Civil Code. The right of withdrawal expires no later than twelve months and 14 days after the date specified in paragraph 2 or § 355 paragraph 2 sentence 2. Sentence 2 shall not apply to contracts for financial services.
(4) In the case of a contract for the provision of services, the right of withdrawal shall also expire if the Entrepreneur has provided the service in full and has only begun to perform the service after the Consumer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the Entrepreneur. In the case of an off-premises contract, the consumer’s consent must be transmitted on a durable medium. In the case of a contract for the provision of financial services, the right of withdrawal shall expire, by way of derogation from sentence 1, if the contract has been performed in full by both parties at the express request of the consumer before the consumer exercises his right of withdrawal.
(5) The right of withdrawal shall also expire in the case of a contract for the supply of digital content not on a tangible medium if the trader has commenced performance of the contract after the consumer1.has expressly consented to the trader commencing performance of the contract before the expiry of the withdrawal period, and2.has confirmed his knowledge that by giving his consent he loses his right of withdrawal upon commencement of performance of the contract.
