What Is the Widerrufsrecht?
The Widerrufsrecht (right of withdrawal) is a statutory right under §312g BGB, implementing the EU Consumer Rights Directive. It applies to all distance contracts — any purchase made without the buyer and seller being physically present together, including online stores, telephone orders, and catalogue orders.
It is not a satisfaction guarantee or a returns policy — it is a legal right that exists regardless of whether the retailer has a stated returns policy. A retailer cannot offer a worse right of return through their own policy to override the statutory 14-day period.
The 14-day return right is independent of the 2-year Gewährleistung (warranty). You do not need a defect to exercise the Widerrufsrecht — you can return a perfectly working phone simply because you changed your mind. If the phone has a defect, warranty law applies separately.
When Does the 14-Day Period Start?
The 14-day period begins on the day you (or a third party you designate) receive the goods — not the day of purchase. Specifically:
- If the order is delivered in a single shipment: the day you receive the last item
- If you ordered multiple items delivered separately: the day you receive the last item
- If the retailer did not provide mandatory cancellation information (Widerrufsbelehrung): the period extends to 12 months and 14 days
The 14-day period counts calendar days, not business days. If the last day falls on a Sunday or public holiday, the deadline moves to the next business day.
How to Exercise the Widerrufsrecht
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1
Declare your withdrawal — before shipping
You must first declare your withdrawal in writing to the retailer. Physically returning the package without prior notice is not sufficient. Send an email to the retailer's customer service stating clearly: "I hereby withdraw from the contract for [product], order number [X], dated [date]." Keep the sent confirmation.
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2
Use the retailer's return process (if available)
Most online retailers have an online return portal with a return label. Using this is more convenient than arranging your own shipping. However, you must still make the withdrawal declaration within 14 days — the return shipping can follow within 14 days of your declaration.
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3
Pack and return the device
Return the phone with all original accessories, documentation, and ideally the original packaging. You are not legally required to return it in the original box, but any depreciation in value due to your handling beyond what is necessary to test the device can be deducted from your refund.
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4
Confirm shipment
Send the return with tracking. You bear the cost of return shipping unless the retailer offers free returns. Keep the tracking number and the shipping receipt as evidence of timely return.
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5
Receive your refund
The retailer must refund your payment within 14 days of receiving your withdrawal declaration. They can delay the refund until they receive the goods (or proof of shipping). The refund must include the original delivery cost — but only the standard delivery cost, not any express or premium shipping upgrade you chose.
What Gets Refunded?
You are entitled to a full refund of:
- The purchase price of the device
- The standard delivery cost (cheapest delivery option the seller offers)
You are not refunded for:
- Return shipping costs (unless the retailer offers free returns)
- Premium or express shipping you chose above the cheapest option
- A value deduction if the device shows signs of use beyond basic testing (scratches, wear)
Exceptions to the Widerrufsrecht
Certain goods categories are excluded from the right of withdrawal under §312g(2) BGB. For smartphones, the relevant exceptions are narrow but exist:
| Item type | Widerrufsrecht applies? | Notes |
|---|---|---|
| New smartphone (hardware) | Yes — always | Full 14-day right regardless of whether opened |
| Pre-installed software | Yes | Software pre-loaded on device is covered with the device |
| Separately purchased downloadable software | No (if download started) | Once a digital download begins with your consent, withdrawal is excluded |
| Headphones (sealed for hygiene) | No (if seal broken) | In-ear devices with hygiene seal — opening voids the right |
| SIM card (prepaid) | Varies by contract terms | Separate from the phone; check the SIM contract |
A common misconception is that opening the box eliminates the Widerrufsrecht. This is false. You are legally allowed to open and test a smartphone as you would in a store. Only value deduction for use beyond basic testing is possible — but the right to return remains intact.
Return Right for Marketplace Purchases
If you bought from a third-party seller on Amazon.de or eBay.de, the Widerrufsrecht still applies — provided the seller is a commercial seller (gewerblicher Verkäufer). The right is against the marketplace seller, not the platform. Amazon's A-to-Z Guarantee provides additional protection above the legal minimum, but for legal rights, it is the seller's obligation under German law that counts.
Private sellers on eBay Kleinanzeigen or Facebook Marketplace are not bound by the Widerrufsrecht. Purchases from private individuals carry the risk profile of a private transaction — inspect carefully and consider whether the risk is acceptable before buying.