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=U3= UTit1 -- Subtitle 1 Withdrawal* ) * ) Official note : This provision also serves in part to implement Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees ( OJ L 171 , p . 12 ) .
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=U4= Sec346 -- Section 346 Effects of withdrawal
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=S=> BGB 346. 1 If one party to a contract has contractually reserved the right to withdraw or if he has a statutory right of withdrawal , then , in the case of withdrawal , performance received and emoluments taken are to be returned .
=S=> BGB 346. 2 In lieu of restitution or return , the obligor must provide compensation for value , to the extent that restitution or return is excluded by the nature of what has been obtained , he has used up , disposed of , encumbered , processed or redesigned the object received , the object received has deteriorated or has been destroyed ; but deterioration that is caused by the object being used in accordance with its intended use is not taken into account . If consideration is specified in the contract , then this is to be used as a basis when the compensation for value is calculated ; if compensation for value for the benefit of use of a loan is to be paid , it can be shown that the value of the benefit of use was lower .
=S=> BGB 346. 3 The duty to compensate for value does not apply if the defect justifying withdrawal only became apparent during processing or transformation of the object , to the extent that the obligee is responsible for the deterioration or destruction or that the damage would also have occurred if the object had remained with the obligee , if in case of statutory withdrawal the deterioration or destruction occurred with the person entitled , although the latter showed the care that he customarily exercises in his own affairs . Any remaining enrichment must be returned .
=S=> BGB 346. 4 The obligee may demand damages , in accordance with sections 280 to 283 , for breach of a duty under subsection ( 1 ) above .
=U4= Sec347 -- Section 347 Emoluments and outlays after withdrawal
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=S=> BGB 347. 1 If the obligor fails to take emoluments contrary to the rules of proper management although he could have done so , then he is obliged to compensate the obligee for the value . In the case of a statutory right of withdrawal , the person entitled must in regard to emoluments be responsible only for the care that he customarily exercises in his own affairs .
=S=> BGB 347. 2 If the obligor returns the object or gives compensation for the value or if his duty to compensate for value under section 346 ( 3 ) no . 1 or 2 is excluded , he must be reimbursed for his necessary outlays . Other expenses are to be reimbursed to the extent that the obligee is enriched by them .
=U4= Sec348 -- Section 348 Reciprocal and simultaneous performance
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=S=> BGB 348 The obligations of the parties arising from withdrawal are to be performed reciprocally and simultaneously . The provisions of sections 320 and 322 apply with the necessary modifications .
=U4= Sec349 -- Section 349 Declaration of withdrawal
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=S=> BGB 349 Withdrawal is effected by declaration to the other party .
=U4= Sec350 -- Section 350 Extinction of the right of withdrawal after a period of time has been specified
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=S=> BGB 350 If a period of time has not been agreed for the exercise of the contractual right of withdrawal , then the other party may specify a reasonable period of time within which the person entitled to withdraw must exercise that right . The right of withdrawal is extinguished if withdrawal is not declared before the end of that period .
=U4= Sec351 -- Section 351 Indivisibility of the right of withdrawal
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=S=> BGB 351 If , in a contract , there is more than one person on one side or the other , the right of withdrawal may be exercised only by all and against all of them . If the right of withdrawal is extinguished for one of the persons entitled , it is also extinguished for the others .
=U4= Sec352 -- Section 352 Set-off after nonperformance
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=S=> BGB 352 Withdrawal for failure to perform an obligation is ineffective if the obligor was able to release himself from the obligation by means of set-off and he declares set-off without undue delay after the withdrawal .
=U4= Sec353 -- Section 353 Withdrawal in return for forfeit money
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=S=> BGB 353 If the right of withdrawal in return for payment of forfeit money has been reserved , the withdrawal is ineffective if the forfeit money is not paid before the declaration or when the declaration is made and the other party , for this reason , rejects the declaration without undue delay . However , the declaration is effective if the forfeit money is paid without undue delay after the rejection .
=U4= Sec354 -- Section 354 Forfeiture of rights
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=S=> BGB 354 If a contract has been entered into subject to the reservation that the obligor will lose his rights under the contract if he does not perform his obligation , the obligee is entitled to withdraw from the contract if this circumstance occurs .
=U3= UTit2 -- Subtitle 2 Right of revocation and right of return in consumer contracts* ) * ) Official note : This subtitle serves to implement 1. Council Directive 85/577/EEC of 20 December 1985 to protect the consumer in respect of contracts negotiated away from business premises ( OJ L 372 of 31 December 1985 , p . 31 ) , 2. Directive 94/47/EC of the European Parliament and of the Council of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis ( OJ L 280 , p . 82 ) , 3. Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts ( OJ L 144 of 4 June 1997 , p . 19 ) .
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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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