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=U4= Sec355 -- Section 355 Right of revocation in consumer contracts
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=S=> BGB 355. 3 The right of revocation is extinguished at the latest six months after the contract is entered into . Where goods are supplied , the period of time does not commence prior to the date of receipt by the receiver . Notwithstanding sentence 1 , the right of revocation is not extinguished if the consumer has not been properly instructed on his right of revocation , in the case of distance contracts for financial services in addition not if the entrepreneur has not properly complied with his duties to notify under section 312c ( 2 ) no . 1.
=U4= Sec356 -- Section 356 Right of return in consumer contracts
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=S=> BGB 356. 1 The right of revocation under section 355 may , to the extent expressly permissible by statute , where the contract is entered into on the basis of a sales prospectus , be replaced in the contract by an unlimited right of return . The requirement is that a clearly drafted instruction on the right of return is included in the sales prospectus , the consumer was able to obtain detailed knowledge of the sales prospectus in the absence of the entrepreneur , and the consumer is granted the right of return in text form .
=S=> BGB 356. 2 The right of return may be exercised within the revocation period ; however , this period does not begin before the thing is received ; and it may be exercised only by return shipment of the thing or , if it cannot be sent as a parcel , by a demand that it be taken back . Section 355 ( 1 ) sentence 2 applies with the necessary modifications .
=U4= Sec357 -- Section 357 Legal consequences of revocation and return
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=S=> BGB 357. 1 Unless otherwise specified , the provisions on statutory withdrawal apply to the right of revocation and the right of return with the necessary modifications . Section 286 ( 3 ) applies with the necessary modifications to the duty to reimburse payments under this provision ; the period specified there begins when the consumer makes a declaration of revocation or return . In this connection , the period with regard to a duty of reimbursement of the consumer begins when this declaration is made ; the period with regard to a duty of reimbursement of the entrepreneur begins when it is received .
=S=> BGB 357. 2 When he exercises the right of revocation , the consumer is obliged to make return shipment of the thing , if it can be sent by parcel . Costs and risk of return shipment are borne by the entrepreneur in cases of revocation and return . If there is a right of revocation under section 312d ( 1 ) sentence 1 , the regular costs of return shipment may be imposed by contract on the consumer if the price of the thing to be sent back does not exceed an amount of forty euros or if , where the price is higher , the consumer has at the date of the revocation not yet rendered consideration or given a part payment , unless the goods supplied do not correspond to those ordered .
=S=> BGB 357. 3 The consumer , notwithstanding section 346 ( 2 ) sentence 1 no . 3 , must pay compensation for value for any deterioration caused by putting the thing to its intended use , if , at the latest when the contract was entered into , his attention was drawn in text form to this legal consequence and to a possibility of avoiding it . This does not apply if the deterioration is exclusively due to examining the thing . Section 346 ( 3 ) sentence 1 no . 3 does not apply if the consumer has been properly instructed on his right of revocation or he has obtained knowledge of it in another way .
=S=> BGB 357. 4 There are no more extensive claims .
=U4= Sec358 -- Section 358 Connected contracts
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=S=> BGB 358. 1 If the consumer has effectively revoked his declaration of intention to enter into a contract for the supply of goods or for the provision of a service by an entrepreneur , he is also no longer obliged by his declaration of intention to enter into a consumer loan contract connected to this contract .
=S=> BGB 358. 2 If the consumer has effectively revoked his declaration of intention to enter into a consumer loan contract , he also ceases to be obliged by his declaration of intention to enter into a contract connected to that consumer loan contract for the supply of goods or for the provision of a service . If the consumer may revoke the declaration of intention to enter into the connected contract under this subtitle , only subsection ( 1 ) applies , and his right of revocation under section 495 ( 1 ) is excluded . If the consumer in the case of sentence 2 nevertheless declares revocation of the consumer loan contract , this is treated as revocation in relation to the entrepreneur of the connected contract under subsection ( 1 ) .
=S=> BGB 358. 3 A contract for the supply of goods or for the provision of some other performance and a consumer loan contract are linked , if the loan fully or partially serves to finance the other contract and both contracts constitute an economic unit . An economic unit is to be assumed in particular if the entrepreneur himself finances the consideration of the consumer or , in the case of financing by a third party , if the lender in preparation for or for entering into the consumer loan contract uses the services of the entrepreneur . In the case of a financed acquisition of a plot of land or of an equivalent right , an economic unit is only to be assumed if the lender himself provides the plot of land or the equivalent right , or if he , beyond the provision of the loan , promotes acquisition of the plot of land or the equivalent right in cooperation with the entrepreneur , by making the interest of the entrepreneur in its disposal his own , in full or in part , by assuming functions of the disposing pa rty in planning , advertising or carrying out the project , or by unilaterally favouring the disposing party .
=S=> BGB 358. 4 Section 357 applies to the connected contract with the necessary modifications . In the case of subsection ( 1 ) , however , claims for payment of interest and costs arising from the reversal of the consumer loan contract are excluded against the consumer . With regard to the legal consequences of revocation or return , the lender assumes the rights and duties of the entrepreneur under the connected contract if the loan has already flowed to the entrepreneur when the revocation or return becomes effective .
=S=> BGB 358. 5 The necessary instruction on the right of revocation or the right of return must draw attention to the legal consequences under subsections ( 1 ) and ( 2 ) sentences 1 and 2 above .
=U4= Sec359 -- Section 359 Objections in the case of connected contracts
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=S=> BGB 359 The consumer may refuse to repay the loan to the extent that objections under the connected contract would entitle him to refuse his performance to the entrepreneur with whom he has entered into the connected contract . This does not apply if the payment financed does not exceed 200 euros , nor in the case of objections based on a contract amendment agreed between this entrepreneur and the consumer after the consumer loan contract is entered into . If the consumer may demand a cure , he cannot refuse to repay the loan until the cure has failed .
=U4= Sec360 , -
-- Sections 360 , 361 repealed
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=S=> Division 4 Extinction of obligations
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