Notice: Information only, not legal advice.
TL;DR
- § 312g (2) BGB lists 13 exceptions to withdrawal rights
- Most relevant in Shopify practice: custom-made, perishable, sealed hygiene, opened software/media, digital content with consent
- Exceptions must be correctly implemented — blanket exclusions are warnable
- Exceptions apply only with correct instructions about them
The 13 exceptions at a glance
The classics — not all relevant for Shopify, but the key ones:
- Custom-made (No. 1): tailored, personalized (e.g. engraving)
- Perishable goods (No. 2): food with short shelf life
- Sealed hygiene items (No. 3): cosmetics, intimate care, health
- Inseparably mixed (No. 4)
- Alcoholic drinks with agreed 30+ day delivery (No. 5)
- Newspapers, magazines except subscription (No. 7)
- Urgent repairs (No. 8)
- Sealed audio/video/software (No. 6): CDs, DVDs, games — after unsealing
- Agreed appointment for services like hotels, cruises (No. 9)
- Auctions (No. 10)
- Financial services with market-price fluctuations (No. 8)
- Emergency repairs (No. 11)
- Digital content with express consent (No. 12, § 356 (5) BGB)
The 3 most Shopify-relevant exceptions
Sealed hygiene articles (§ 312g (2) No. 3)
Scope: Cosmetics, intimate care, skin care, dental, razor blades, contact lenses — anything that cannot be resold after opening for hygiene reasons.
Requirements:
- Sealing must be visible on delivery (hygiene seal, foil, lid)
- Exclusion applies only after unsealing by the customer
- Unopened = withdrawal right exists!
Shopify implementation: per-product tagging. A tag like withdrawal-excluded-hygiene in product metadata, queried in the withdrawal flow.
Custom-made (§ 312g (2) No. 1)
Scope: Engraved jewelry, personalized T-shirts, made-to-measure furniture, configured PCs.
Requirements:
- Product must be specifically tailored to the customer
- Immediate availability would count against custom-made status
- Mere personalization doesn't suffice — must involve actual production
Shopify implementation: product tag custom-made plus workflow that names the exclusion in withdrawal instructions.
Digital content (§ 356 (5) BGB)
Scope: E-books, software downloads, streaming videos, online courses.
Requirements:
- Customer must expressly consent to performance before deadline ends
- Customer must confirm they know and lose the withdrawal right
- Both consents must be documented (merchant's burden of proof)
Shopify implementation: Checkbox in checkout ("I consent to immediate delivery of the digital content and acknowledge I lose my withdrawal right."). Additionally store in order record.
Most common practical mistakes
Mistake 1: blanket exclusion "We don't do withdrawals on cosmetics" — warnable. The right exists by default; only opened sealed goods lose it.
Mistake 2: exception not mentioned in instructions Withdrawal instructions must mention exceptions. Without mention, the exclusion is ineffective.
Mistake 3: digital content without consent Download starts automatically after purchase without customer agreeing to lose withdrawal. Result: right persists.
Mistake 4: "Sale item = no withdrawal" Discounted goods have full withdrawal rights. Price is irrelevant.
What Revoka does here
Revoka maps exceptions at product level. Configuration per product (or collection) specifies which exception applies — the withdrawal flow adapts:
- For sealed hygiene: ask "Was the seal intact on delivery?"
- For custom-made: show non-withdrawal notice upfront
- For digital content: download-consent check in checkout
Checklist
- Review each product/collection: does an exception apply?
- Name exceptions in withdrawal instructions (not just T&Cs)
- For digital content: document consent + confirmation
- Make seals visible (hygiene seals, foils)
- Set product tags in Shopify accordingly
- Annual legal review
Further reading: § 356a BGB explained · Model withdrawal form · For Beauty Stores