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Widerruf (Withdrawal Right): Online Purchase Returns Under EU Law 2026

Germany · Austria · EU

Your Right to Cancel Online Purchases: What EU Law Says in 2026

If you buy something online, by phone, or from a door-to-door salesperson, you generally have 14 days to change your mind and cancel the contract without giving a reason. This is your right of withdrawal (Widerrufsrecht). It is a cornerstone of EU consumer protection law, codified in the EU Consumer Rights Directive (2011/83/EU), and implemented in Germany via §§ 312g, 355 BGB (Bürgerliches Gesetzbuch) and in Austria via § 11 FAGG (Fern- und Auswärtsgeschäfte-Gesetz). This guide explains how it works in 2026, step by step, and highlights key differences between Germany and Austria.

What the Law Actually Says

The core rule is simple: for most distance or off-premises contracts, you have 14 calendar days to withdraw. The clock starts the day you receive the goods (for sales contracts) or the day the contract is concluded (for services). You do not need to give a reason, and the seller must confirm your withdrawal in text form (e.g., email) without delay.

Under § 355 BGB (Germany) and § 11 FAGG (Austria), the withdrawal period is extended to 12 months and 14 days if the seller fails to provide you with the mandatory withdrawal instruction (Widerrufsbelehrung) in a clear and comprehensible manner. This is a common trap for small online shops that copy-paste outdated templates.

Important exceptions: The right does not apply to custom-made goods, sealed audio/video/software that you unsealed, perishable goods (e.g., fresh food), or tickets for events with a fixed date.

Step-by-Step: How to Return an Online Purchase in 2026

Step 1: Check the Deadline

Count 14 calendar days from the day you received the item. If the 14th day falls on a Saturday, Sunday, or public holiday, the deadline is the next working day. For multiple items delivered separately, the clock starts with the last item. If you never received a proper withdrawal instruction, you may have up to 12 months + 14 days.

Step 2: Send a Clear Withdrawal Declaration

You must inform the seller of your decision to withdraw. You can use the seller’s model withdrawal form (Muster-Widerrufsformular) – they are legally required to provide it – or simply write a clear email or letter stating: “I hereby withdraw from the contract for the purchase of [item description] ordered on [date].” No special form is required, but you must send it before the deadline expires. Keep proof of sending (e.g., email timestamp, registered mail receipt).

Step 3: Return the Goods

You have 14 days from the day you send the withdrawal declaration to return the goods. The seller must bear the cost of return shipping, unless they informed you before the purchase that you would have to pay for return shipping (common in many online shops). In Austria, if the item’s value is below €40, the seller can require you to pay the return cost, but only if they informed you beforehand. In Germany, the seller can always shift return costs to you if they informed you clearly before the order.

Step 4: Get Your Refund

The seller must refund all payments you made, including standard delivery costs (but not premium express shipping), within 14 days of receiving your withdrawal declaration. They can withhold the refund until they receive the goods back or you provide proof of return shipment. Refunds must be made using the same payment method you used, unless you agree otherwise.

Key Differences Between Germany and Austria

While both countries follow the EU directive, there are subtle but important differences:

  • Return shipping costs: In Germany, the seller can make you pay for return shipping even if they didn’t mention it before the order – but then they must inform you in the contract terms. In Austria, the seller must inform you before the purchase; otherwise, they bear the cost.
  • Value threshold for return costs (Austria): Under § 11 FAGG, if the item’s value is less than €40, the seller can require you to pay return shipping, but only if they informed you beforehand. Germany has no such threshold.
  • Model withdrawal form: In Germany, the seller must provide the model form as a separate document or clearly visible link. In Austria, the same rule applies under § 4 FAGG, but the penalty for missing it is the same: extended withdrawal period.
  • Digital content: Both countries allow you to lose your withdrawal right for digital content (e.g., e-books, software) if you expressly agree to start the download before the 14-day period ends. The wording requirements differ slightly; German law (§ 356 BGB) requires an explicit acknowledgment, while Austrian law (§ 13 FAGG) requires an express confirmation that you lose the right.

Practical Tips for Consumers

  • Always keep the withdrawal instruction – it tells you exactly how to cancel. If it’s missing, you have up to a year to change your mind.
  • Don’t destroy the packaging beyond what is necessary to inspect the item. You are allowed to open the box and examine the product as you would in a store, but you cannot use it extensively and then return it.
  • Document everything: Take photos of the item before returning, keep the tracking number, and save the email confirmation of your withdrawal.
  • Beware of “free returns” traps: Some shops advertise free returns but deduct the cost of return shipping from your refund. This is only allowed if they clearly told you before the order. Otherwise, it’s illegal.

Frequently Asked Questions

1. Can I return goods that I have already opened and tried on?

Yes, you can open the packaging and try on clothing or test a device, as long as you treat it with care. You are allowed to inspect the item to the same extent as you would in a physical store. If you use it more extensively (e.g., wear the shoes outside), you may be liable for diminished value.

2. What if the seller refuses to accept my return?

Remind them of your legal rights under § 355 BGB or § 11 FAGG. If they still refuse, you can file a complaint with the consumer protection agency in your country: Verbraucherzentrale (Germany) or VKI (Verein für Konsumenteninformation) (Austria). You may also need to seek legal advice.

3. Do I have to pay for return shipping if the seller didn’t mention it?

In Germany, the seller can still require you to pay if the return shipping cost is mentioned in their general terms and conditions (AGB). In Austria, if the seller did not inform you before the purchase, they must bear the cost. Check the seller’s AGB or the checkout page.

4. Can I withdraw from a contract for a custom-made product?

No. Custom-made goods (e.g., a tailored suit or personalized mug) are exempt from the withdrawal right under § 312g BGB and § 18 FAGG. The same applies to items that are clearly personalized or have a short shelf life.

5. What happens if I send the withdrawal declaration late?

If you send it after the 14-day period (or the extended period), the seller is not obligated to accept the return. However, many shops accept late returns as a goodwill gesture. If the withdrawal instruction was missing or incorrect, you may still be within the extended 12-month + 14-day window.

6. Do I have to pay for the return if the item was defective?

If the item is defective, you are not using the withdrawal right but your warranty rights (Gewährleistung). In that case, the seller must cover all return costs. Do not confuse withdrawal with warranty – they are separate legal concepts.

Official Resources

This guide provides general information and does not constitute legal advice. Laws can change, and individual cases vary. If you are unsure about your rights, consult a lawyer or a consumer advice center.

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