Notice: Information only, not legal advice. Please consult a licensed attorney for binding questions.
TL;DR
- Withdrawal deadline is 14 days from receipt of goods (§ 355 (2) BGB)
- Not from order date, not from shipment date
- For partial deliveries: deadline starts with the last delivery
- For subscriptions: deadline starts with the first delivery
- Defective instructions → deadline extends to 12 months + 14 days
The most common mistake: "From order date"
Many Shopify merchants think the withdrawal deadline starts with click on "Buy". Wrong. Per § 356 (2) BGB the point in time when the consumer has received the goods counts.
Concretely: Customer orders Monday, ships Wednesday, receives Friday — deadline begins Friday. It ends Friday two weeks later.
Special cases
Partial deliveries. If the customer orders 3 items delivered in two packages (Monday + Thursday), the deadline starts Thursday — with the last partial delivery. Stated in § 356 (2) No. 1 b) BGB.
Subscription / continuous delivery. Deadline starts with first delivery. After that the contract continues — unless the customer cancels regularly.
Services. Deadline starts with contract conclusion (§ 356 (2) No. 2 BGB). Important: if the merchant performs the service before the withdrawal deadline ends, the customer may lose withdrawal rights under certain conditions.
Digital content. For downloads the withdrawal right can expire if the customer expressly agrees and confirms that they lose the withdrawal right upon download start (§ 356 (5) BGB).
What happens with defective instructions?
This is where it gets serious. § 356 (3) BGB:
"If the merchant has not informed the consumer about the withdrawal right, the withdrawal right expires at the latest twelve months and 14 days after the time specified in paragraph 2."
That means: 14 days can become 12 months and 14 days. Affected errors include:
- Wrong deadline start date given
- Defective withdrawal instructions
- No model withdrawal form provided (Annex 2 EGBGB)
- From 19 June 2026: No withdrawal button per § 356a BGB
For a merchant with €500k annual revenue and 5% return rate, defective instructions create five-figure financial risk.
How to communicate the deadline correctly
The mandatory wording per Annex 1 to Article 246a EGBGB:
"The withdrawal period shall be fourteen days from the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the goods."
Use this text literally. Custom rewording (even well-meant) is warnable.
Practical implementation on Shopify
- Withdrawal instructions as dedicated page:
/widerrufsbelehrung - Link in checkout and footer
- Link in order confirmation email
- Provide model withdrawal form as PDF download
- From 19 June 2026: Withdrawal button per § 356a BGB
Points 4 and 5 are automated by Revoka.
The most common pitfall
Many merchants think immediate performance (download, voucher code) automatically excludes withdrawal. Wrong. The right exists by default — only under certain conditions (§ 356 (5) BGB) can it expire. This requires:
- Customer expressly agrees to performance before deadline ends
- Customer confirms they know and lose the withdrawal right
Both consents must be documented (burden of proof on merchant).
Checklist for Shopify merchants
- Withdrawal instructions with correct deadline start (14 days from receipt)
- Model withdrawal form (Annex 2 EGBGB) as PDF ready
- Special rules for partial deliveries / continuous services correct
- For digital content: document loss-of-right consent
- From June 2026: Withdrawal button per § 356a BGB
- Annual review of legal texts (laws change)
Further reading: § 356a BGB explained · Model withdrawal form · Avoiding warnings