vladdiem

Hi Dennis,

Thanks for the productive discussion.

Your idea to rename the field to “Contract identification (e.g. order number)” and make it mandatory by default sounds good to me.

Just one clarification regarding partial withdrawals: §356a BGB explicitly refers to “Angaben zur Identifizierung des Vertrags oder des Teils des Vertrags, den der Verbraucher widerrufen möchte.” This wording clearly includes partial withdrawals as well.

Best,
Vlad

§356a BGB clearly requires the consumer to provide information that enables unambiguous identification of the contract. Neither an email address nor a name provides such identification in the general case.
If the form allows submitting a withdrawal request without data that actually enables identification of the contract, the seller cannot identify the contract and therefore cannot execute the withdrawal.
This means the consumer is effectively deprived of their statutory right — solely because they did not provide the order number or the invoice number.
This is not merely an inconvenience; it undermines the very essence of the right of withdrawal.
In addition, the approach you propose completely excludes the possibility of a partial withdrawal, which directly contradicts the law.

As a compromise, I would suggest allowing the merchant to choose which fields must be mandatory. In that part of the settings, you can simply add a legal disclaimer stating that the responsibility lies with the merchant.

• This reply was modified 2 months, 2 weeks ago by vladdiem.