Should I resign without an offer
Withdrawal from the contract
When can I withdraw from a contract?
The German Civil Code (BGB) differentiates in paragraphs 323, 324 and 326 between three different reasons for withdrawing from the contract.
Section 323 BGB provides a right to withdraw from the contract if The service was not provided as agreed, but is still possible in principle. In this case, however, the obligee must allow the contract debtor a reasonable period of time to rework. The principle of "priority of subsequent performance" applies (before withdrawal).
A classic example of this is the work of a property developer that does not correspond to the building description. The purchaser must offer the property developer the opportunity to carry out improvements. Another example would be newly manufactured furniture that does not have 100 percent contractually agreed properties. However, if a customer has ordered a sofa with a red leather cover and the furniture store delivers a sofa with a brown fabric cover, Paragraph 326 of the German Civil Code (BGB) applies.
Section 326 BGB regulates the right to withdraw from the contract if the Fulfillment of the contract becomes impossible. If a buyer orders a new car and the new car is damaged in an accident when it is delivered to the dealership, rework is also not possible. The buyer is not obliged to pay the purchase price.
Section 324 BGB refers to a special case. The debtor has provided the service in accordance with the contract, but in doing so violated other duties that make it unreasonable for the creditor to continue to adhere to the contract. This could be the case if the creditor awards a contract to a craftsman and, after awarding the contract, discovers that the contractor is employing his employees "black". This would be a breach of duty in the area of tax and social security.
Section 651h BGB regulates the very special right of withdrawal for Package tours. The traveler has the right to withdraw from the trip at any time without giving a reason. The organizer is no longer entitled to the travel price. However, he is entitled to an appropriate compensation payment in accordance with the general travel conditions. The amount of the compensation payment must be based on the second margin between the cancellation and the start of the trip and thus take into account the likelihood that the booking can still be placed elsewhere. The tour operator, in turn, has the right to withdraw from the travel contract if the minimum number of participants has not been reached or if there is a threat of force majeure, for example civil unrest in the destination country.
How long is it possible to withdraw from the contract?
An informal withdrawal from the contract within the withdrawal period, without giving reasons, is legally stipulated for 14 days after the conclusion of the contract. This includes, among other things, the revocation of a credit agreement or the return of purchased goods. The withdrawal period can be longer, but it must not fall short of the statutory period. However, there are also cases in which both revocation and withdrawal from the contract are excluded from the outset. The manufacture of a tailor-made suit is just as much a part of it as the purchase of perishable food. Further exceptions are:
- Buy tickets online
- Tickets for events with a fixed date
- Books, magazines and newspapers
- streaming music or videos once streaming has started
- Dating agencies, translations, advice, provided that the service has already been provided
The withdrawal period begins on the day on which the consumer holds the goods in hand or the contract for a service has been signed.
The right of withdrawal itself is a form of design right. There is therefore no statute of limitations. The effectiveness of the declaration of withdrawal rather depends on whether the claim to the service or the provision of the service is statute-barred.
How can I withdraw from the contract?
The basis for the procedure is the cause of the withdrawal from the contract. In the case of a sales contract for a cell phone, the buyer can return the phone to the seller within 14 days for no reason.
The situation is different with a withdrawal from the contract in accordance with Paragraphs 323, 324 and 326 of the German Civil Code. In this case, a written justification for the withdrawal from the contract is required in any case. Depending on the contractual basis, all related documents must be available, for example the request for improvement if it is a withdrawal in accordance with Section 323 BGB or evidence of the breach of duty by the debtor in the case of withdrawal on the basis of 326 BGB .
The withdrawal from the contract, not just the reason, must be formulated in writing in any case. The written form also includes the declaration of withdrawal by fax or email.
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