Skip to content
Emergency

Binding delivery date not met: rescission

If a promised delivery date is exceeded, you are not obliged to wait endlessly. As a rule you can rescind the contract after an unsuccessful deadline setting. With a true fixed-date transaction, where the date is decisive, this is sometimes even possible without a further deadline.

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

Create a letter →

Your chances of getting your money back

If the seller does not deliver, you can rescind the contract after the unsuccessful expiry of an appropriate grace period (§ 323 BGB). With a fixed-date transaction, where keeping the date is essential, rescission can be possible without a further deadline.
After the rescission, services already rendered are to be returned: you get your money back. In addition, a claim for damages can exist under certain conditions.

What you should do now

  1. 1

    1. Check the date

    Clarify whether a binding delivery date or a fixed-date transaction was agreed.

  2. 2

    2. Set a grace period

    Set an appropriate grace period for delivery in case of default.

  3. 3

    3. Declare rescission

    If the delivery fails to appear, declare the rescission in writing.

  4. 4

    4. Reclaim the money

    Demand repayment and check damages.

How to spot the scam

  • A non-binding delivery date is treated as binding.
  • The rescission is declared without a prior grace period.
  • Money already paid is not reclaimed.

Frequently asked questions

When can I rescind due to delivery default?

If a binding delivery date is exceeded, you usually set the seller an appropriate grace period. If he does not deliver even then, you can rescind the contract (§ 323 BGB) and reclaim your money. A mere non-binding delivery-time statement is usually not enough for immediate rescission.

What is a fixed-date transaction?

A transaction in which keeping the date is so essential that the transaction stands and falls with the date, for example delivery for a specific occasion. With such a fixed-date transaction, rescission can be possible after the date is exceeded without a further grace period.

Do I also get damages?

Under certain conditions yes, alongside or instead of rescission. Compensable can be, for example, the extra effort of a replacement purchase. The requirement is usually that the seller is at fault and you prove the loss. Have the individual case examined.

Take action now

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

Create a letterCheck 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.