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=S=> BGB 312d. 1 In a distance contract the consumer has a right of revocation under section 355. In lieu of the right of revocation , the consumer may , in contracts for the supply of goods , be granted a right of return under section 356.
=S=> BGB 312d. 2 Notwithstanding section 355 ( 2 ) sentence 1 , the revocation period does not commence before the duties to provide information under section 312c ( 2 ) have been performed ; in the case of the supply of goods , not before the day on which they reach the receiver ; in the case of recurring deliveries of goods of the same kind , not before the day on which the first part delivery reaches the receiver ; and in the case of services , not before the day on which the contract is entered into .
=S=> BGB 312d. 3 In the case of a service , the right of revocation is also extinguished if the contract was performed in full by both parties at the express wish of the consumer before the consumer exercised his right of revocation .
=S=> BGB 312d. 4 Unless otherwise specified , the right of revocation does not exist for distance contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which , by reason of their quality , are not suitable for return or may spoil quickly or whose expiration date would be exceeded , for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer , for the delivery of newspapers , periodicals and magazines , unless the consumer has given his contractual acceptance by telephone , for the rendering of betting and lottery services , unless the consumer has given his contractual acceptance by telephone , which are entered into in the form of auctions ( section 156 ) , the subject matter of which is the supply of goods or the rendering of financial services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the revocation period , including in particular services in connection with shares , dividend coupons which are issued by an investment management company or a foreign investment company , and other tradeable securities , foreign currency , derivatives or money market instruments , or , for the rendering of telecommunications-aided services rendered directly by telephone or fax at one time at the request of the consumer insofar as these are not financial services .
=S=> BGB 312d. 5 In addition , the right of revocation does not exist for distance contracts for which the consumer , under sections 495 or 499 to 507 , already has a right of revocation or right of return under section 355 or section 356. In the case of such contracts , subsection ( 2 ) applies with the necessary modifications .
=S=> BGB 312d. 6 In the case of distance contracts for services , the consumer , notwithstanding section 357 subsection ( 1 ) , must only make compensation for the value of the service performance under the provisions on statutory withdrawal from an agreement if , before he made his contract declaration , his attention was directed to this legal consequence and if he expressly agreed to the entrepreneur beginning to perform the service before the end of the revocation period .
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