Cancellation

(1) For contracts concluded outside of business premises and distance selling contracts, the consumer has a right of cancellation under Art. 355.


(2) Unless otherwise agreed by the parties, the right of cancellation does not exist for the following contracts:

1. contracts for the supply of goods which are not pre-made and for the manufacture of which individual selection or definition by the consumer is critical orwhich are clearly tailored to the personal needs of the consumer,

2. contracts for the supply of goods which could quickly deteriorate or for which the expiry date would be quickly exceeded,

3. contracts for the supply of sealed goods which, for health protection or hygiene reasons, are not suitable for return if their seal has been removed after delivery,

4. contracts for the supply of goods if, after delivery, these have been mixed inseparably with other goods because of their nature,

5. contracts for the supply of alcoholic drinks, the price of which was agreed on conclusion of the contract but which can only be delivered 30 days after conclusion of the contract at the earliest and the current value of which depends on fluctuations in the market on which the entrepreneur has no influence,

6. contracts for the supply of sound or video recordings or computer software in a sealed pack, if the seal has been removed after delivery,

7. contracts for the supply of newspapers, journals or illustrated magazines with the exception of subscription contracts,

8. contracts for the supply of goods or for the provision of services, including financial services, the price of which depends on fluctuations in the financial market on which the entrepreneur has no influence and which could arise within the cancellation period, especially services in connection with shares, with holdings in public investment assets as defined in Sect. 1 Para. 4 of the Capital Investment Code and with other tradeable securities, foreign currencies, derivatives or financial market instruments,

9. subject to sentence 2, contracts for the supply of services in the areas of accommodation for purposes other than residential purposes, conveyance of goods, motor vehicle hire, supply of food and drinks and for the provision of further services in connection with leisure activities if the contract specifies a specific date or period of time for the provision thereof,

10. contracts which were concluded within the scope of a form of marketing in which the entrepreneur offers consumers who are personally present or who are granted this possibility goods or services and in a procedure carried out by an auctioneer based on competing bids in which the bidder who has been successful is obliged to purchase the goods or services (public auction),

11. contracts wherethe consumer has expressly asked the entrepreneur to visit him to carry out urgent repair or maintenance work; this does not apply as regards further services provided during the visit which the consumer did not expressly ask for or as regards such goods supplied during the visit that are not necessarily needed as replacement parts for the maintenance or repair,

12. contracts for the provision of gambling and lottery services unless the consumer has given his contract declaration by telephone or the contract was concluded outside business premises, and

13. notarised contracts; this applies for distance selling agreements for financial services only if the notary confirms that the rights of the consumer under Sect. 312d Para. 2 are maintained.
The exception under sentence 1 number 9 does not apply for contracts for travel services according to Sect. 651a if these were concluded outside of business premises, unless the oral negotiations on which the contract conclusion is based were run on a previous order of the consumer.


(3) The right of cancellation also does not exist in the case of contracts in the case of which the consumer already has a right of cancellation under Sect. 355 on the basis of Sections495, 506 to 512, or contracts concluded outside business premises where the consumer already has a right of cancellation according to Sect. 305 Para. 1 to 6 of the Capital Investment Code.