It is actually an old hat, but I know that there are repeated warnings because the declaration of withdrawal is not properly presented.

If the statutory revocation instruction is only possible as a flow text and thus without paragraphs and formatting, one runs the risk that the revocation declaration itself could not be effective and thus a revocation of potential buyers until the limit of an offence is possible. On the other hand, the whole thing can also be warned by competitors for a fee. The whole thing has already been confirmed by the courts and a defence against it is likely to be difficult. The reason is that section 246a , section 1 para. 2 p. 2 EGBGB refers to the fact that information obligations on the right of withdrawal are fulfilled by using the model of the revocation instruction. However, it is this pattern that has line breaks and headings. Moreover, the presumption of an intention to prevent the consumer from exercising his rights cannot be dismissed out of hand.

Therefore, please do not use a flow text without paragraphs and use headings such as “Following the revocation”. Especially when trading on eBay or other platforms, quite unintentionally through copy and paste, such an unnecessarily expensive mistake can happen.

0 0 votes
Notify of
0 Kommentare
Inline Feedbacks
View all comments