Right of withdrawal for online orders in Germany and Austria

If you order online as a consumer in Germany or Austria, you can withdraw from the contract within 14 days without giving a reason. The right applies to consumers only, not to orders placed mainly for business or professional purposes. For goods, the period starts when you receive them, and it is enough to send your notice before the period ends. The basis is the EU Consumer Rights Directive 2011/83/EU, implemented in Germany in the Civil Code (BGB) and in Austria in the Distance and Off-Premises Contracts Act (FAGG). This article is general information, not legal advice. For your order with Novo Labo, the withdrawal policy applies.

Who has the right

The right belongs to consumers. Under § 13 BGB, a consumer is a natural person who enters into a transaction for purposes that are predominantly outside their trade, business or self-employed profession. The FAGG likewise covers contracts between businesses and consumers. If you order mainly for a company or for your own self-employed work, you are not a consumer under this definition and this statutory right does not apply. In Austria it is called the Rücktrittsrecht.

The rules at a glance

When the period starts

For a purchase, the period starts once you, or a third party you have named, have received the goods. The carrier does not count as such a third party. Under § 356(2) no. 1 BGB, if several items from one order arrive separately, the period starts with the last item.

Under § 356(3) BGB, the period also does not start before the seller has properly informed you about the right of withdrawal. Without that information, the right expires in Germany under § 356(4) BGB at the latest twelve months and 14 days after the regular start. In Austria the period is extended by twelve months.

How to withdraw

Send the seller an unambiguous statement that you are withdrawing from the contract. You do not need to give a reason. A letter or an e-mail is enough. You may use the statutory model withdrawal form (Annex 2 to Art. 246a § 1 of the Introductory Act to the BGB), but you do not have to; in Austria the form is optional too.

What counts for the deadline is when you send the notice, not when it arrives. So choose a channel that lets you prove when you sent it. Novo Labo's contact address is hello@novolabo.com.

Refund

After a withdrawal, the seller refunds you at the latest 14 days after receiving your notice. This includes the delivery costs (§ 357(2) BGB, Art. 13 of the directive). Excluded are extra costs that arose because you chose a more expensive delivery method than the cheapest standard delivery.

The seller refunds using the same means of payment you used. Under § 357(3) BGB, anything else applies only if you expressly agreed to it and it costs you nothing. If you paid in advance by bank transfer, you will therefore normally get the money back by bank transfer. How payment works at Novo Labo is described in Paying by bank transfer.

For a purchase of goods, the seller may withhold the refund until it has received the goods back or you have shown proof that you sent them, unless it offered to collect the goods itself. This applies in Germany (§ 357(4) BGB) and in Austria (§ 14(3) FAGG).

Returning the goods and the cost

You send the goods back within 14 days of declaring your withdrawal. Here too, it is enough to send them before the period ends. In Germany, under § 355(3) BGB, the seller bears the risk of the return shipment.

You bear the direct cost of returning the goods only if the seller informed you of this and did not offer to bear it (§ 357(5) BGB, § 15(2) FAGG). Who bears the return costs at Novo Labo is set out in the withdrawal policy.

Under § 357a(1) BGB, you pay for a loss in value of the goods only if it results from handling that was not necessary to establish their nature, characteristics and functioning, and if the seller informed you about the right of withdrawal.

Exceptions

Not every order can be withdrawn. § 312g(2) BGB lists, among others:

• goods made to your specifications or clearly personalised for you;
• goods that can deteriorate quickly or whose expiry date would quickly pass;
• sealed goods that are not suitable for return for reasons of health protection or hygiene, if the seal was removed after delivery.

The FAGG has the same exception for sealed goods (§ 18(1) no. 5), as does the directive in Art. 16. It applies only once the seal has been removed after delivery. Whether an exception applies to a given product depends on the product. If you are unsure, ask before opening: hello@novolabo.com.