Ordering groceries online has become everyday life for many people. While revocation is possible without any problems when it comes to clothing or technology, special rules apply to food.
The right of withdrawal at a glance
According to German law, there is generally a right of withdrawal of 14 days when purchasing online. Anyone who orders goods online can therefore withdraw from the contract within this period. The basis for this is Section 355 of the Civil Code (BGB). However, this right is not unlimited. The European Consumer Center points out that the deadline can even be extended to one year and 14 days if the retailer has not correctly informed about the cancellation options.
When food can be returned
Contrary to popular belief, food is not automatically excluded from the right of withdrawal. For non-perishable products such as pasta, canned goods or rice, customers can usually cancel the purchase contract – provided the packaging is still unopened. The Bavarian Consumer Service confirms that the same rules apply to these goods as to other products in online retail. The Ergo legal portal also points out that sealed food that does not spoil quickly can be returned.
Limits of the right of withdrawal for fresh products
The situation is completely different with fresh food. Meat, dairy products, fruit or baked goods are excluded from cancellation. Health protection plays a crucial role here. After all, no one wants to receive goods back that have already been opened or may no longer be in perfect condition. Even with ready-made meals with a seal, the right to return no longer applies as soon as the protective film has been removed. The IT law firm emphasizes that these restrictions are primarily for hygienic reasons.
Best before date
Another point always causes discussions: the best-before date. Anyone who shops in the store can look directly at the packaging. Things are different with online trading. Merchants are not required to provide the date before purchasing. Web.de points out that this can lead to problems if ordered food only has a few days left of its shelf life. In such cases, however, a revocation is not automatically possible as long as the goods are formally in order.
Returns and cost issues
If a cancellation does occur, the question arises as to the costs. In principle, the buyer bears the return costs if he has been informed of this. If this information is missing, the dealer must step in. According to the European Consumer Center, the purchase price must also be refunded within 14 days, although payment may be delayed until the goods have actually been received back by the provider.
Editorial team finanzen.net
