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Emergency

Declaring withdrawal from a purchase contract correctly

If a purchased item is defective, you may under certain circumstances withdraw from the purchase contract and demand the purchase price back. As a rule, however, you must first give the seller the chance for supplementary performance.

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Your chances of getting your money back

In the case of a defect you can withdraw if a reasonable deadline for supplementary performance has passed without success (§§ 437, 323 BGB). For a merely insignificant defect, however, withdrawal is excluded.
After withdrawal, the performances received are to be returned: you give back the item and get the purchase price refunded. In certain cases, setting a deadline is unnecessary.

What you should do now

  1. 1

    1. Report the defect

    Report the defect and demand supplementary performance.

  2. 2

    2. Set a deadline

    Set a reasonable deadline for repair or replacement delivery.

  3. 3

    3. Declare withdrawal

    If supplementary performance fails to appear, declare the withdrawal in writing.

  4. 4

    4. Reversal

    Return the item and demand the purchase price back.

How to spot the scam

  • The withdrawal is declared without first setting a deadline.
  • Withdrawal is attempted over a merely minor defect.
  • The receipt and the notice of defect are missing.

Frequently asked questions

When can I withdraw from a purchase contract?

When the item is defective and a reasonable deadline for supplementary performance has passed without success (§§ 437, 323 BGB). For a merely insignificant defect, withdrawal is excluded; then a price reduction remains open to you. In certain cases no deadline is needed.

Do I have to set a deadline first?

As a rule, yes. The seller has a right to supplementary performance, that is, to repair or replacement delivery. Only when this fails, is refused or the deadline passes fruitlessly can you withdraw. Exceptions apply, for example in the case of a serious refusal.

What happens after withdrawal?

The performances are reversed: you give back the item and receive the purchase price refunded, and the seller bears the return costs of the defective goods. For benefits already drawn, compensation may come into consideration. Secure proof of the return and the refund.

Take action now

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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.