Mandatory 14-day right-of-withdrawal notice plus the statutory model withdrawal form for distance/online sales, under § 312g BGB and Art. 246a EGBGB (Anlage 2) — an incorrect or missing notice EXTENDS the withdrawal period to up to 12 months and 14 days; the model form must be provided alongside the notice, and hotel/restaurant bookings for a specific date are a statutory exception under § 312g Abs. 2 Nr. 9 BGB (still requiring a notice explaining the exemption).
⚠️ This is a blank template, not legal advice: check the wording with a lawyer and adapt it to your jurisdiction and your case.
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RIGHT OF WITHDRAWAL NOTICE (WIDERRUFSBELEHRUNG) (§ 312g BGB, Art. 246a EGBGB)
Business (seller) name, Business address Effective date: Effective date
1. RIGHT OF WITHDRAWAL 1.1. Consumers have the right to withdraw from this contract within Withdrawal period (days) days (statutory: 14 days) without giving any reason. 1.2. The withdrawal period runs from the day on which the consumer (or a third party named by the consumer, other than the carrier) takes possession of the goods. 1.3. To exercise the right of withdrawal, the consumer must inform Business (seller) name of the decision to withdraw by an unambiguous statement (e.g. a letter sent by post, or e-mail to Contact e-mail). The Model Withdrawal Form (section 4 below) may be used, but is not mandatory for the consumer to use.
2. EFFECTS OF WITHDRAWAL 2.1. If the consumer withdraws, Business (seller) name shall reimburse all payments received, without undue delay and in any event not later than 14 days from the day the withdrawal is received. 2.2. Goods must be returned to: Return address for goods 2.3. Return shipping: Who pays return shipping
3. ⚠️ CONSEQUENCE OF A DEFECTIVE OR MISSING NOTICE 3.1. If this notice is not provided, or is incomplete/incorrect, the 14-day withdrawal period does NOT start running — it extends to up to 12 months and 14 days after the goods were received. Getting this notice right is not optional formality; it directly controls how long the business remains exposed to withdrawal.
4. MODEL WITHDRAWAL FORM (MUSTER-WIDERRUFSFORMULAR, ANLAGE 2 ZU ART. 246a EGBGB) 4.1. This form must be made available to the consumer together with this notice; it is a statutory requirement, not an optional courtesy. (Complete and return this form only if you wish to withdraw from the contract.) To: Recipient details for the model withdrawal form I/We hereby give notice that I/we withdraw from my/our contract for the sale of the following goods: ______________ Ordered on / received on: ______________ Name of consumer(s): ______________ Address of consumer(s): ______________ Signature of consumer(s) (only if this form is notified on paper): ______________ Date: ______________
5. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL 5.1. Exceptions to the right of withdrawal 5.2. Common statutory exceptions include perishable goods, goods made to the consumer's specification or clearly personalised, and sealed goods not suitable for return for health/hygiene reasons once unsealed.
6. HOSPITALITY DATE-SPECIFIC BOOKING EXEMPTION 6.1. Hospitality date-specific booking exemption 6.2. Under § 312g Abs. 2 Nr. 9 BGB, contracts for accommodation, transport, catering or leisure services to be performed on a specific date or period (e.g. a restaurant table booking, a hotel stay, an event) are exempt from the statutory right of withdrawal — but the customer must still be informed, in the booking process, that no withdrawal right applies.
⚠️ Missing or incorrect withdrawal information is a classic target of Abmahnanwälte (competitor/ law-firm cease-and-desist letters) — keep this notice and the model form current and visible at every point of sale.
— — — ⚠️ This is a boilerplate template, not legal advice. German employment, consumer-protection, data-protection and workplace-safety law (BGB, Nachweisgesetz "NachwG", ArbSchG, MiLoG, SGB IV, DSGVO/BDSG, DDG, EGBGB Art. 246a) changes frequently and includes sector-specific exceptions — notably § 2a Gesetz gegen Schwarzarbeit "SchwarzArbG", which keeps the Gaststätten- und Beherbergungsgewerbe (restaurants and hotels) on paper-only Schriftform even after the BEG IV digitalisation reform. Statutory figures (Mindestlohn, Minijob-Grenze) are re-indexed periodically — have this document reviewed and adapted by a German employment/legal advisor (Rechtsanwalt/Steuerberater) and verified against the current rates before use. Where a German-language version of this document is also used, that version prevails in case of conflict.
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Statutory: 14 days from receipt of goods (§ 355 BGB)
e.g. perishable goods, goods made to the customer's specification, sealed hygiene goods once unsealed
Name/address/e-mail to which a customer sends the completed Muster-Widerrufsformular
2 of 10 fields are taken from the company, employee or counterparty record, the questionnaire can be dictated to the AI, and the finished document comes with a number, a PDF and an acknowledgement record.