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Consumer

Withdraw from a purchase contract due to a defect

Withdraw because of a fault — after a failed repair attempt, with provable delivery.

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Content

958 characters · 1 of a maximum of 3 pages

A defect does not entitle you to withdraw straight away. The seller is first owed a remedy — repair or replacement. Only once that has failed, been refused, or not been delivered within a deadline you set can you withdraw from the contract and reclaim the purchase price under sections 437 no. 2, 323 and 440 of the German Civil Code. Withdrawal is a declaration that must be received: without written proof of delivery and deadlines, both sides end up arguing.

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Frequently asked questions

Do I have to set a deadline first?
Usually yes — give the seller a reasonable period to remedy the defect; only a refusal or a failed remedy removes that step.
Who pays the return postage?
If the withdrawal is justified, the seller does — ask for a free return label before you ship the goods.

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