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Book 2 · Law of obligations  ›  Subtitle 2 · Right of withdrawal in the case of consumer contracts › Section 358

Contracts linked to the contract from which the consumer has withdrawn

(1) If the consumer has effectively withdrawn their declaration of intent to conclude a contract for the supply of goods or for the provision of a service by a trader, they also no longer are bound by their declaration of intent to conclude a credit agreement linked to this contract.

(2) If the consumer has effectively withdrawn their declaration of intent to conclude a credit agreement on the basis of section 495 (1), or on the basis of section 514 (2) sentence 1, then the consumer also is no longer obliged by their declaration of intent to conclude a contract linked to that credit agreement for the supply of goods or for the provision of some other performance.

(3) A contract for the supply of goods or for the provision of some other performance and a credit agreement pursuant to subsections (1) or (2) are linked if the loan fully or partially serves to finance the other contract and both contracts constitute a single economic unit. An economic unit is to be assumed in particular if the trader itself finances the consideration of the consumer or, in the case of financing by a third party, if, in preparation for the credit agreement or in entering into it, the lender avails itself of the trader’s cooperation. In the case of a financed acquisition of a plot of land or of an equivalent right, an economic unit is to be assumed only if the lender itself provides the plot of land or the equivalent right to the consumer, or if the lender, beyond the provision of the loan, promotes the acquisition of the plot of land or the equivalent right in cooperation with the trader, by adopting as its own the interest of the trader in alienating the plot, as a whole or in part, by assuming functions of the alienating party in planning, advertising or carrying out the project, or by unilaterally favouring the alienating party.

(4) Section 355 (3) and, depending on the type of the linked contract, sections 357 to 357b are to be applied accordingly to the winding up of the linked contract, independently of the type of sale. Where the linked contract is a contract for the supply of digital content that is not contained in a tangible medium and the trader has provided the consumer with a copy or confirmation of the contract as stipulated by section 312f, the consumer is to pay, in derogation from section 357 (9) and subject to the prerequisites set out in section 356 (5) half-sentences 2 and 3, compensation for the value of the digital content supplied until the time of withdrawal. Where the linked contract is a contract for delivery by instalments that is a distance contract or an off-premises contract, section 357 also is to be applied accordingly, besides section 355 (3); in all other cases, section 355 (3) and section 357c apply accordingly to linked contracts for the delivery by instalments. In the case of subsection (1), however, claims against the consumer for payment of interest and costs arising from the winding up of the credit agreement are excluded. With regard to the legal consequences of withdrawal, the lender assumes the rights and duties of the trader under the linked contract if the loan already has been paid out to the trader when the withdrawal becomes effective.

(5) Subsections (2) and (4) are not to be applied to consumer credit agreements that serve to finance the acquisition of financial instruments.

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