Returns policy, cancellation and more – consumer rights at a glance

What rights do consumers have?

Consumer protection rights are fundamental to fair trade in Germany and the EU, setting out your rights as a customer. In addition to the purchase of goods and services, consumer rights also include, for example, price transparency in energy supply and much more. Goods also include furniture such as office chairs and desks.

Right of withdrawal: For online and off-premises sales, you have the right to cancel a purchase within 14 days of receiving the goods without giving any reason. In the case of partial deliveries, the withdrawal period starts when the final part arrives; for services, the relevant date is the date of the signed purchase contract.

Statutory warranty: If a purchased item is defective, you have statutory warranty claims against the seller for two years. Within the first six months after purchase, it is generally assumed that the defect already existed when the item was bought. There are various claims that can be asserted under the statutory warranty. These include subsequent performance, withdrawal from the purchase contract and a reduction in the purchase price. However, which right you can assert and when depends on various factors. Statutory warranty should not be confused with a guarantee. Unlike statutory warranty, a guarantee is a voluntary service provided by the seller

Payment security: Your payments for goods purchased online must be secure. An online retailer may only store your credit card details if you have expressly agreed to this.

Data protection: Businesses must inform you which personal data is stored and used. In addition to the right to information, rectification and erasure of data, you will also find further details in the GDPR. This expanded data protection law has applied uniformly throughout Europe since 2018.

Cancellation, returns and what else you should know

You may already have noticed that consumer rights do not list returns, exchanges or warranties as consumer rights. That is because these are not mandatory and are offered voluntarily by the seller. Statutory warranty rights and a guarantee are often confused, but they are completely different. As already mentioned, statutory warranty rights are legally required and relate to the goods being free from defects on the day of purchase through to the end of the warranty period. A guarantee relates to the future and is entirely voluntary on the part of the seller. At hjh OFFICE, some products even come with a guarantee of up to four years. In addition to the guarantee, exchanges are also a voluntary service offered by the seller and are quite similar to cancellation rights. If you would like to exchange an item after the cancellation period has expired, this is only possible at the retailer's goodwill.

The right of cancellation was essentially introduced to allow consumers to inspect the purchased product at their leisure. It should go without saying that the goods must be handled with care during inspection. This enables the retailer to resell them after an actual cancellation. One example: jeans may be tried on at home just as in a shop, with underwear and for roughly as long as you would spend in a fitting room. What is not allowed is wearing the jeans in the office for a full working day, not even to find out whether they remain comfortable when sitting for longer periods. If the customer cancels the purchase of trousers that have clearly been worn, they must still pay for them. For delicate products that could be damaged during return shipping, consumer protection experts recommend taking photos of the product before packing it up – so that, in case of doubt, you can prove that the item was packed properly and sent off in perfect condition.

For products ordered online, the cancellation must be declared in writing by letter, email, fax or by phone. Online retailers provide a corresponding form for this on their website. It is also best to ask the retailer to confirm the cancellation before the goods are handed over for shipping. Since June 2014, the customer has been responsible for the shipping; however, in many cases retailers voluntarily cover the shipping costs and issue return labels in advance for this purpose.

Who is entitled to make use of consumer rights?

Consumer rights can generally be exercised by all private individuals. However, there are also exceptions to consumer rights. For example, there is no right of withdrawal between two private individuals or between two businesses. If you are self-employed or a freelancer entering into a purchase contract exclusively for private purposes, such as buying groceries for your family, you are also considered a consumer in this context. In such cases, self-employed people and freelancers can also make use of consumer rights.

When does consumer protection apply, and what else should you bear in mind?

As soon as you purchase goods or services, you have consumer rights intended to protect you, for example, against scams and unfair practices. Consumer protection also applies when concluding contracts and distance selling contracts. Distance selling contracts are purchase contracts concluded using remote means of communication, e.g. via an online shop, written or verbal catalogue orders, app purchases or telephone orders. In the case of distance selling contracts, as the buyer you must note that any cancellation must be expressly declared. The form in which it is submitted does not matter, although written form is recommended for evidential reasons. However, you do not have to give a reason for the cancellation.

There are also goods for which no right of withdrawal exists. These include perishable goods such as food and products made to order or personalised at your request.

Online order: ensuring delivery by a specific date

To find out whether an item will be delivered by a certain date, it is worth checking when placing the order that a delivery date is provided. This is, incidentally, mandatory information in online retail, so as a customer you should be cautious if it is missing from an online shop. If the retailer fails to deliver the item by the agreed date, the customer has the right to cancel the order and demand a refund. If it has been explicitly promised that the goods will definitely be delivered by a certain date, claims for damages may even be considered – an issue that becomes particularly relevant at Christmas. Many online retailers offer delivery guarantees during the Christmas period. If the goods still do not arrive on time and the customer has to hurriedly buy a possibly more expensive replacement product, they can charge these costs to the seller.
However, as disputes are always unpleasant, it is worth clarifying a few key points before ordering to minimise potential problems:

• Is the retailer's legal notice stated correctly?
• Where is the company based?
• Can they be reached by phone?
• Are there any reviews of their business online, or do they hold trust marks such as “Trusted Shops”, “s@fer Shopping” or “EHI Certified Online Shop”? The website www.internet-guetesiegel.de provides a helpful overview.

Is there a difference between the shop next door and buying online?

Unlike distance selling, a physical shop is under no obligation whatsoever to take goods back. This is done purely as a gesture of goodwill by the retailer. This so-called withdrawal period has nothing to do with statutory warranty or guarantee rights – even items without defects may be returned within two weeks. The withdrawal period begins the moment the customer receives the goods; the retailer must inform the customer properly about this beforehand. If they fail to do so, the period is extended to one year and 14 days.

When it comes to gifts, a dilemma arises: on the one hand, the giver naturally wants to buy the gift in good time, but on the other hand, they do not want to deprive the recipient of the opportunity to exchange it. Since the giver is the person who receives the goods, the period starts the moment they have them in their hands – not only when they hand them over. In this case, it is worth contacting the seller to discuss the matter. Many retailers, especially online shops, are happy to be accommodating. In the run-up to Christmas, many providers extend their return periods on their own initiative. In such a case, it is worth taking a screenshot of the relevant offer – so that you have evidence in hand in the event of a dispute. As already explained in the previous section, items made to the customer’s specifications are excluded from the statutory withdrawal period.