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BGB 281. 1 To the extent that the obligor does not render performance when it is due or does not render performance as owed , the obligee may , subject to the requirements of section 280 ( 1 ) , demand damages in lieu of performance , if he has without result set a reasonable period for the obligor for performance or cure . If the obligor has performed only in part , the obligee may demand damages in lieu of complete performance only if he has no interest in the part performance . If the obligor has not rendered performance as owed , the obligee may not demand damages in lieu of performance if the breach of duty is immaterial .
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 .
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 .
BGB 312e. 3 More extensive duties to provide information under other provisions are unaffected . If the customer has a right of revocation under section 355 , the revocation period does not begin , notwithstanding section 355 ( 2 ) sentence 1 , until the duties laid down in subsection ( 1 ) sentence 1 have been performed .