Right of withdrawal for commercial offers
When consumers have a statutory right of withdrawal and what commercial providers on Suchen.Expert must observe.
Suchen.Expert is used to publish advertisements and put providers in contact with interested parties.
Suchen.Expert does not provide an ordering, purchasing, checkout or other technical contract conclusion function for goods or services offered between users. The internal messenger is used for contact and communication between users.
Contracts for goods or services offered in advertisements are concluded exclusively between the provider concerned and their customer, not with Suchen.Expert.
Whether a statutory right of withdrawal exists for such a contract depends on the specific manner in which the contract is concluded and the statutory provisions.
1. When does a right of withdrawal exist?
Consumers generally have a statutory right of withdrawal for distance contracts under § 312g BGB in conjunction with § 355 BGB, unless a statutory exception applies.
Under § 312c BGB, a distance contract generally exists where an entrepreneur and a consumer use exclusively means of distance communication for contract negotiations and conclusion, and the contract is concluded within an organised distance sales or service-provision scheme. Means of distance communication include in particular email, telephone, messages and digital services.
The fact that an interested party initially finds a provider through an advertisement on Suchen.Expert therefore does not, by itself, automatically result in a distance contract.
What matters is how the contract between the provider and consumer is actually concluded.
For example, if a contract is concluded entirely by email, telephone or another organised distance sales system of the entrepreneur after initial contact, a distance contract may exist.
By contrast, if the provider and interested party meet in person and the contract is concluded only at that meeting, there is generally no distance-selling right of withdrawal solely because prior contact was made through Suchen.Expert.
2. Suchen.Expert facilitates contact
Publishing an advertisement on Suchen.Expert generally serves to establish contact between a provider and an interested party.
Suchen.Expert is neither the seller nor the buyer of the goods or services offered between users and does not become a party to these transactions.
In particular, Suchen.Expert does not provide its own ordering process through which a consumer can place a binding order for goods or services and the commercial provider can accept that order within a checkout or ordering system supplied by Suchen.Expert.
The internal messenger supports communication between users. It does not constitute an ordering or contract conclusion function prescribed by Suchen.Expert.
Whether statements exchanged by users in their individual communication already constitute a legal offer or acceptance in a particular case is determined by the general statutory provisions and the specific content of those statements.
3. Responsibility of the commercial provider
Commercial providers must themselves check whether their chosen contract conclusion process results in a distance contract with a consumer.
If a distance contract exists, the entrepreneur must in particular provide the statutory consumer information and properly inform the consumer about any existing right of withdrawal. § 312d BGB refers in this respect to the information obligations under Article 246a EGBGB.
The necessary information must generally be provided before the consumer makes their contractual declaration.
In particular, this means that a commercial provider should not wait until after the contract is concluded to send the required withdrawal information.
4. The entrepreneur's withdrawal instructions
If a statutory right of withdrawal exists for the specific contract, the entrepreneur must inform the consumer in particular about the conditions, time limits and procedure for exercising that right and about the statutory model withdrawal form.
The withdrawal instructions form part of the legal information of the entrepreneur concerned.
Depending on the business model, they may, for example, form part of pre-contractual consumer information or an appropriately designed legal information section maintained by the entrepreneur.
Simply including them in general terms and conditions is not sufficient in every case if the legally required information is not provided to the consumer in time and in the prescribed manner.
The provider must therefore ensure that their withdrawal instructions match their actual business process.
5. Withdrawal period
The withdrawal period is generally 14 days. The consumer generally does not have to give a reason for withdrawing.
When the period begins depends on the type of contract. For sales contracts involving goods, receipt of the goods is particularly relevant; different conditions apply to services. Proper information about the right of withdrawal is also essential.
If the consumer is not properly informed about their right of withdrawal, the opportunity to withdraw may be significantly extended in accordance with the statutory provisions.
6. Not every contract can be withdrawn from
§ 312g(2) BGB contains various exceptions to the statutory right of withdrawal. Subject to the relevant statutory conditions, these may include in particular customised goods, perishable goods, certain sealed hygiene products after the seal has been removed, and certain date-specific leisure, accommodation or other services.
Whether an exception actually applies must be checked for the specific contract.
An entrepreneur cannot eliminate an existing statutory right of withdrawal merely by wording such as “Exchanges and withdrawal excluded”.
7. Services and digital content
Special requirements apply if a service is to be performed before the withdrawal period expires.
Under certain statutory conditions, the right of withdrawal may expire once a service has been fully performed. In particular, prior declarations or consent from the consumer and the legally required information must be taken into account.
Special conditions for the early expiry of the right of withdrawal also apply to digital content not supplied on a tangible medium.
Commercial providers should therefore adapt their withdrawal instructions and ordering process to the goods or services actually offered.
8. Electronic withdrawal function under § 356a BGB
Since 19 June 2026, § 356a BGB has contained special requirements for distance contracts concluded through an online interface.
In such a case, the entrepreneur must generally provide an electronic withdrawal function on the relevant online interface that is continuously available, prominently placed and easily accessible. The law provides for the label “Withdraw from contract” or another unambiguous expression with the same meaning.
After the necessary details have been entered, a confirmation function labelled “Confirm withdrawal” or another unambiguous expression with the same meaning must also be available. An acknowledgement of receipt must then be sent to the consumer without delay on a durable medium.
The purpose of this rule is to allow consumers to withdraw online with corresponding ease from a contract that an entrepreneur allows them to conclude online through a website or application. This also follows from the EU-law basis of the provision.
9. No Suchen.Expert withdrawal function for contracts between users
Suchen.Expert does not provide a contract conclusion function for transactions facilitated through advertisements.
Suchen.Expert is therefore not the commercial provider's online interface on which an ordering or checkout process provided by Suchen.Expert is carried out to conclude the relevant sales or service contract.
An electronic withdrawal function for the contract concluded between the provider and consumer is therefore not provided by Suchen.Expert.
If, however, a commercial provider subsequently concludes the contract through their own website, online shop, app or another online interface they use, the provider must themselves check whether § 356a BGB applies to that contract conclusion.
If it does, the legally required withdrawal function must be provided where the corresponding online contract is concluded.
10. Referring to the withdrawal function in the entrepreneur's legal texts
If § 356a BGB applies to the online contract conclusion offered by the entrepreneur, the entrepreneur must also inform the consumer about the existence and location of the withdrawal function. This follows from Article 246a § 1(2) EGBGB.
This information should be included in the withdrawal instructions or pre-contractual consumer information appropriate to the business model concerned.
For example, an entrepreneur's own online shop may use the following wording, provided it reflects the actual technical design:
“You can also withdraw from your contract using our electronic withdrawal function. You will find the ‘Withdraw from contract’ function in your customer account under the relevant contract. After submitting your withdrawal, you will promptly receive an electronic acknowledgement of receipt.”
The entrepreneur must accurately state the actual location of the function.
A mere statement in general terms and conditions or withdrawal instructions does not replace the legally required technical withdrawal function.
11. Unwinding a contract following withdrawal
If a contract is validly withdrawn from, refunds, returns, return costs and any compensation for value are governed by statutory provisions.
Entrepreneurs must check in particular which payments must be refunded, who bears the direct return costs and whether there is a claim for compensation for value in the specific case.
These obligations exist between the entrepreneur concerned and the consumer.
Suchen.Expert does not handle the unwinding of contracts concluded between its users.
12. Guidance for commercial providers on Suchen.Expert
Commercial providers should clarify how their contracts are actually concluded before publishing an offer or concluding a consumer contract.
Anyone using Suchen.Expert solely to present their offer and establish contact and subsequently concluding the contract outside a contract conclusion function provided by Suchen.Expert remains responsible for arranging the contract conclusion and fulfilling the resulting consumer obligations.
In particular, using Suchen.Expert does not replace the entrepreneur's own withdrawal instructions, legally required consumer information or, where an entrepreneur concludes contracts on their own online interface and § 356a BGB applies, the electronic withdrawal function required there.
Role of Suchen.Expert
Suchen.Expert is a platform for publishing advertisements, facilitating contact and enabling communication between users.
Unless expressly offered otherwise, Suchen.Expert is not a party to sales, service or other contracts concluded between users.
Suchen.Expert does not provide an ordering, purchasing, checkout or acceptance function for these transactions and does not conduct contract conclusion between provider and interested party through a contract conclusion process of its own.
The commercial provider concerned is responsible for statutory information obligations, the existence and design of a right of withdrawal and the proper handling of a withdrawal.
This guidance provides general orientation and does not replace an assessment of the specific business model and contract conclusion process.
