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Book 2 · Law of obligations  ›  Subtitle 2 · Right of withdrawal in the case of consumer contracts › Section 357a

Legal consequences of the withdrawal from contracts relating to financial services

(1) The performance received is to be restituted at the latest after 30 days.

(2) Where off-premises contracts or distance contracts relating to financial services are withdrawn from, the consumer is obliged to pay compensation for the value of the services rendered by the trader until the time of the withdrawal if

1.  this legal consequence has been indicated to the consumer prior to their making the declaration as to the conclusion of a contract and

2.  the consumer has expressly agreed to the trader commencing performance of the service prior to the withdrawal period having ended.

Where contracts relating to non-gratuitous financial accommodation are withdrawn from that are covered by the exception set out in section 506 (4), section 357 subsections (5) to (8) likewise applies accordingly. Where the contract relating to non-gratuitous financial accommodation has as its subject matter the supply of digital content which is not contained in a tangible medium, the consumer is to compensate for the value of the digital content supplied until the time of the withdrawal if

1.  this legal consequence has been indicated to the consumer prior to their making the declaration as to the conclusion of a contract, and

2.  the consumer has expressly consented to the trader commencing with the supply of the digital content prior to the withdrawal period having ended.

Where consideration is specified in the contract, this is to serve as the basis for calculating the compensation for value. If the total price agreed upon is excessive, the compensation for value is to be calculated on the basis of the market value of the performance made.

(3) In the case of a withdrawal from a consumer credit agreement, the borrower is to pay the agreed interest for the period lapsing between the disbursement of the loan and its repayment. In the case of a consumer credit agreement relating to immovable property, proof may be submitted as to the value of the benefit of use having been lower than the interest agreed upon. In this case, solely the lower amount is owed. In cases in which contracts relating to non-gratuitous financial accommodation are withdrawn from that are not covered by the exception set out in section 506 (4), subsection (2) likewise applies accordingly, subject to the proviso that the information concerning the right of withdrawal is replaced by the obligatory information under Article 247 section 12 (1) in conjunction with section 6 (2) of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche), each of which provisions concerns the right of withdrawal. Over and above this, the borrower is to refund to the lender solely the expenditure that the lender has incurred vis-à-vis public agencies and for which it cannot demand repayment.

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