Skip to content
Emergency

Withdrawing from a purchase contract: defective goods, money back

The purchased goods have a defect and the seller cannot get it under control? Then you do not have to let yourself be put off forever: under certain conditions you can withdraw from the purchase contract and demand your money back.

Reach your next steps and the matching ready-made texts in just a few minutes, free of charge:

Declare your withdrawal →

Your chances of getting your money back

In the case of a material defect you can first demand subsequent performance (repair or replacement delivery). If this does not work within a reasonable deadline, you can withdraw from the purchase contract (§ 323 BGB): you return the goods and get the purchase price refunded.
The condition is generally an unsuccessful deadline for subsequent performance, unless this is dispensable (e.g. serious refusal, failure). For only minor defects, only a reduction is possible instead of withdrawal.

What you should do now

  1. 1

    1. Report the defect

    Report the defect to the seller and demand subsequent performance.

  2. 2

    2. Set a deadline

    Set a reasonable deadline for repair or replacement delivery.

  3. 3

    3. Declare withdrawal

    If the deadline passes unsuccessfully, declare the withdrawal in writing.

  4. 4

    4. Reversal

    Return the goods, reclaim the purchase price (step by step).

Frequently asked questions

When can I withdraw from the purchase contract?

If the goods have a defect and the subsequent performance (repair or replacement) does not succeed within a reasonable deadline set by you. You can then withdraw under § 323 BGB: the goods go back, you get the purchase price refunded. A deadline can exceptionally be dispensable, for example if the seller seriously refuses subsequent performance.

What if the defect is only small?

For a merely minor defect, withdrawal is excluded; then you are left with the reduction (lowering of the purchase price). Only in the case of a significant defect and unsuccessful subsequent performance does withdrawal come into consideration. Describe the defect specifically and set the seller a clear deadline for subsequent performance.

Take action now

We put together the ready-made texts and the right places to contact for you.

Declare your withdrawalCheck a suspicious message
More help: Emergency by phone · Act together · Right to a lawyer · All guides

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.