§ 355 Right of Withdrawal in Consumer Contracts
If a consumer is granted a right of withdrawal under this provision by law, the consumer is no longer bound by the declaration of intent to conclude the contract if the consumer has withdrawn from it within the prescribed time limit. The withdrawal need not state a reason and must be communicated to the business in writing or by returning the goods within two weeks; timely dispatch is sufficient to meet the deadline.
The period begins at the time the consumer is provided, in writing, with a clearly worded notice regarding their right of withdrawal that clearly explains their rights in accordance with the requirements of the means of communication used, and that also includes the name and address of the party to whom the withdrawal must be declared, as well as a reference to the start of the period and the provision in paragraph 1, sentence 2. If the notice is provided after the contract is concluded, the period shall be one month, notwithstanding paragraph 1, second sentence. If the contract is to be concluded in writing, the period shall not begin to run until the consumer has also been provided with a copy of the contract, the consumer’s written application, or a copy of the contract or the application. If the start of the period is in dispute, the burden of proof lies with the business.
The right of withdrawal expires no later than six months after the contract is concluded. In the case of the delivery of goods, the period does not begin before the day the goods are received by the recipient. Notwithstanding the first sentence, the right of withdrawal does not expire if the consumer has not been properly informed of his right of withdrawal; in the case of distance contracts for financial services, it also does not expire if the business has not properly fulfilled its disclosure obligations under § 312c(2)(1).