Purchasing and Consumer Rights

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Purchasing and Consumer Rights in Germany

Anyone who makes purchases or enters into contracts in Germany has certain rights as a consumer. However, the rules differ depending on whether the purchase is made in a store or online. Many misunderstandings arise, particularly regarding exchanges, returns, and cancellations. That is why we explain the most important basics here.

Exchanges, Returns, Warranties, and Cancellations

In-Store Purchases

Many consumers believe they can return or exchange purchased goods at any time. However, this is not generally the case.

As soon as a customer pays for and receives the goods at the register, a legally binding sales contract is formed. In Germany, there is generally no statutory right of return or cancellation for in-store purchases if the goods are free of defects. This means: If you no longer like the product later on or have changed your mind, the retailer is not required to take the goods back.

The situation is different if the goods are defective. In this case, statutory warranty rights apply.

Voluntary return by the retailer

Many stores nevertheless offer their customers the option to exchange or return goods. However, this is a voluntary service provided by the retailer (as a gesture of goodwill).

The retailer may set its own terms and conditions, such as:

• Refund of the purchase price
• Issuance of a gift certificate
• Returns accepted only with the original packaging
• Presentation of the receipt required
• Compliance with specific deadlines

In the absence of a defect, there is no legal right to a return or exchange.

Online Purchases and Right of Withdrawal

Special consumer protection regulations apply to online orders. Consumers generally have a statutory right of withdrawal.

Withdrawal Period

• The right of withdrawal is 14 days from receipt of the goods.
• Withdrawal may be exercised without providing a reason.
• After withdrawal, the goods must be returned.
• The seller must refund the purchase price within 14 days of receiving the notice of withdrawal or upon receipt of the returned goods.

Shipping Costs

The following rules apply in the event of a cancellation:

Return Shipping Costs

• The buyer is only responsible for return shipping costs if the seller informed the buyer of this prior to the purchase (for example, in the Terms and Conditions or in the Cancellation Policy).
• If no such notice was provided, the seller must cover the return shipping costs.

Original Shipping Costs

• Standard shipping costs must generally be reimbursed to the buyer.
• If the buyer voluntarily chose a more expensive shipping method (e.g., express shipping), the additional costs do not have to be reimbursed.

Exceptions to the Right of Withdrawal

The statutory right of withdrawal does not apply to certain goods, in particular:

• custom-made products (custom-made items)
• perishable goods
• sealed hygiene and health products, if the seal has been broken after delivery

Click & Collect

A right of withdrawal generally applies even for “Click & Collect” (online orders followed by in-store pickup) if the contract was concluded online.

Who is considered a consumer?

The definition of a consumer can be found in the German Civil Code (BGB).

According to Section 13 of the BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.

Put simply, this means:

A consumer is a private individual who purchases goods or enters into contracts for private purposes. On the other hand, anyone acting on behalf of their business, their self-employed activity, or for professional purposes is generally not considered a consumer.

Why is this distinction important?

Many statutory protections—such as the right of withdrawal for online purchases or specific information obligations for businesses—apply only to consumers. That is why it is important to know whether you are acting as a private individual or as a business owner.

We’re here to help

As a service and interpreting agency, we assist Romanian citizens with questions about life in Germany. We clearly explain your rights as a consumer, help you understand contracts, sales agreements, and correspondence from companies and government agencies, and assist with communication with retailers and service providers.

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