References without law book default to BGB.

Case - Online Scarf

Facts

Barbara (B) buys a scarf on Rocket SE (R)’s online shopping platform, “Scarf World”. When she receives the delivery, she immediately recognizes a hole in the thin cloth. She does not like the color either.

Thus, she does not want to keep the scarf. Does B have the right to return the scarf?

Solution

Slides Solution

• Issue: Does B have a right of withdrawal according to §§ 355, 312g I BGB?
• Rule: For such a right to exist, there would need to be a consumer contract and a distance or an off-premises contract.
• Application:
  • A. Consumer contract (§§ 312 I, 310 III BGB): Contract between consumer and trader with an obligation to pay a price.
    • B = consumer? → (+), see § 13 BGB; private purchase.
    • R = trader? → (+), see § 14 BGB; sale = business purpose.
    • Does the consumer have to pay a price? → (+), B had to pay the purchase price.
    • → (+)
  • B. Distance or off-premise contract (§ 312g I BGB):
    • Distance contract? → § 312c I BGB → (+), only means of distance communication used since B ordered via the online store.
  • C. No exceptions according to § 312g II BGB?
    • → (+), no exceptions apply to clothing.
• Conclusion: B has a right of withdrawal and can withdraw from the contract according to §§ 355, 312g I BGB. She must declare the withdrawal (she does not have to provide any reasons!) within the relevant term (two weeks after receiving the scarf, § 356 II No. 1 lit. a BGB).

Write-Up

Issue: Can B demand to return the scarf and withdraw from the contract with R under the consumer protection rules (§§ 355, 312g I BGB)?

Rule: Under §§ 355, 312g I BGB, a statutory right of withdrawal exists if there is a consumer contract (§ 312 I BGB) that is a distance contract (§ 312c I BGB) or an off-premises contract, provided no statutory exceptions apply (§ 312g II BGB). To exercise the right, the consumer must explicitly declare the withdrawal within a 14-day period (§ 355 I BGB, § 356 II No. 1 lit. a BGB).

Application:
1. Consumer Contract (§ 312 I BGB): A consumer contract exists if a consumer (§ 13 BGB) and a trader (§ 14 BGB) enter into an agreement involving a payment obligation. B is a natural person acting for private purposes, making her a consumer. R operates an online shop for commercial purposes, making it a trader. B has an obligation to pay the purchase price, so a consumer contract exists.

2. Distance Contract (§ 312c I BGB): The contract was concluded via an online shopping platform, meaning the parties exclusively used means of distance communication (internet/website). Therefore, it is a distance contract.

3. Exceptions (§ 312g II BGB): None of the statutory exceptions (e.g., custom-made goods, perishable goods) apply to a standard scarf.

4. Declaration and Deadline: To exercise this right, B must explicitly declare her withdrawal to R (§ 355 I BGB) without needing to state any reasons. Because she bought a good, the 14-day period to dispatch the declaration begins on the day she receives the delivery (§ 356 II No. 1 lit. a BGB).

Conclusion: B has a valid right of withdrawal under § 312g I BGB. She can return the scarf if she declares the withdrawal to R within 14 days of receipt.