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Emergency

Withdrawal despite an expired deadline: missing instruction

For online and other distance purchases you usually have a 14-day right of withdrawal. This deadline only starts, however, once you have been properly instructed about the right of withdrawal. If the instruction is missing, the deadline is extended considerably.

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Your chances of getting your money back

If the consumer was not properly instructed about their right of withdrawal, the 14-day deadline does not start to run; the right of withdrawal expires at the latest twelve months and 14 days after conclusion of the contract or receipt of the goods (§ 356 BGB).
In this extended period you can still withdraw from the contract, even if the original 14 days would long be over. This applies to many distance contracts and contracts concluded outside business premises.

What you should do now

  1. 1

    1. Check the instruction

    Look whether you received a proper withdrawal instruction.

  2. 2

    2. Calculate the deadline

    With a missing instruction, the extended deadline of up to twelve months plus 14 days applies.

  3. 3

    3. Declare the withdrawal

    Withdraw in writing and clearly within the extended deadline.

  4. 4

    4. Reversal

    Send the goods back and demand the refund.

How to spot the scam

  • You assume that after 14 days no withdrawal is possible anymore.
  • The withdrawal is not declared clearly and verifiably.
  • The extended maximum deadline is overlooked.

Frequently asked questions

How long can I withdraw without an instruction?

If the trader did not properly instruct you about your right of withdrawal, the 14-day deadline does not start. The right of withdrawal then expires at the latest twelve months and 14 days after conclusion of the contract or receipt of the goods (§ 356 BGB). Within this period you can still withdraw.

Does this apply to all purchases?

Above all to distance contracts (for example online or telephone purchases) and contracts concluded outside business premises. For a normal purchase in a shop, by contrast, there is no statutory right of withdrawal. Individual exceptions (e.g. quickly perishable goods) must also be observed.

How do I withdraw correctly?

With a clear declaration to the trader, best in writing and verifiably. A reason is not necessary. After the withdrawal you send the goods back and the trader must refund the purchase price. Keep evidence of the withdrawal and return.

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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.