Cancellation of a contract with a plumbing company

If the contractor only inspects the premises, perhaps also measures them, even in the presence of the consumer, and then creates and sends the offer in the office, which the consumer then also accepts via distance selling, a distance contract exists. This is because direct contract negotiations between the contractor and the consumer are missing.

On this point, you only find opinions on the internet everywhere, but I could not find a verdict. The law says "exclusively." Laws are to be taken literally. Furthermore:

§ 312c Distance contracts (1) Distance contracts are contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer use exclusively distance communication means for contract negotiations and the conclusion of the contract, unless the contract is not concluded within the framework of a distribution or service system organized for distance sales.

The small craft business does not have an organized distribution or service system. Then it does not fall under § 312c. As said, real judgments are missing; everything you find are really very clear doorstep transactions.

I had some time and motivation to do a bit of research again.

Federal Court of Justice: Judgment of 27.02.2018 – XI ZR 160/17: "There is no conclusion of a contract 'exclusively using means of distance communication' if the consumer has personal contact with an employee of the entrepreneur or an authorized representative of the entrepreneur during the contract negotiation."

So if you yourself call the craftsman, discuss something on site, and then commission a written or telephone offer by e-mail, it is clearly neither a doorstep transaction nor a distance selling transaction. I therefore clearly see no right of withdrawal under § 312g.

Before I give tips, I would like to know the reason for the withdrawal. There would be no tricks from me for withdrawing.

Fortunately, this is not legal advice here. ;)

@ Tassimat. You are right, now I remember again why I only addressed "outside the business premises." Probably due to lack of sleep :). True, a distance contract probably applies in only a few cases with the contract for work and services.

It's all too complex for me. Why do you want to revoke? Muster too expensive? Is the plumber not keeping up?

Name it and not this lawyer nonsense here