HomeDistance Selling Act

Distance Selling Act

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Distance contracts

(1) Distance contracts are contracts for the supply of goods or the provision of services, including financial services, which are between a contractor and a consumer concluded exclusively by means of telecommunications, except that the contract was concluded as part of the distance organized distance sales or service system is. Financial services within the meaning of sentence 1 are banking services and services related to credit, insurance, personal pension, investment or payment.

(2) long-distance communications are communication methods that can be used to initiate or enter into a contract between a consumer and an entrepreneur can be used without the simultaneous physical presence of the parties, in particular letters, catalogs, telephone calls, faxes, e-mails as well as radio, television and media services .

(3) The provisions on distance contracts shall not apply to contracts
  
First via distance learning (§ 1 of the Distance Learning Protection Act),
  
Second on part-time occupation of residential buildings (§ 481),
  
Third about insurance and their negotiation,
  
4th on the sale of land and land rights, the establishment, sale and termination of rights in rem in immovable property and land rights as well as the construction of buildings,
  
5th for the supply of food, beverages or other goods intended for everyday consumption, which at the domicile, residence or workplace of a consumer of entrepreneurs at frequent and regular trips are available,
  
6th for the provision of services in the areas of accommodation, transport, delivery of food and drink or leisure, if the contractor commits to contract, to provide these services on a specific date or within a specific period,
  
7th concluded
  
a) the use of vending machines or automated commercial premises or
  
b) with telecommunications operators from the use of public payphones, unless they have their use for the subject.

(4) When the contract conditions that an initial agreement followed by successive operations or a subsequent series of separate, include in a time of related operations of the same kind, the provisions on distance contracts only apply to the initial agreement. If such events follow each other without such an agreement, the rules on information requirements of the contractor only when the first operation. Takes longer than one year but no longer held the same kind of process, the next operation is regarded as the first operation of a new series in the sense of second set
 
§ 312c
Inform the consumer in distance contracts

(1) The employer has the consumer in good time before the sending of his contract declaration in the used remote means of communication appropriate way to make clear and understandable form, stating the business purpose of the information available for this for in the ordinance under Article 240 of the Introductory Law of Civil statute-book is intended. The entrepreneur has put him in telephone conversations led his identity and the commercial purpose of the contact at the beginning of each conversation to express openly.

(2) The employer of the consumer also has the contractual provisions, including the General Terms and Conditions and indicate in the ordinance under Article 240 of the Introductory Act to the Civil Code certain information in that there certain extent and there some way in text form, namely
  
First in financial services in time for submission of the declaration of contract or, if it is closed by telephone at the request of the consumer of the treaty or by using another long distance communication which does not allow the communication in writing before the contract is concluded immediately after the conclusion of distance contracts;
  
Second in other services and the delivery of goods soon as possible and to fully perform the contract, at the latest goods until delivery to the consumer.

A notification pursuant to sentence 1 No. 2 is dispensable for services that are provided directly by the use of remote communication means, provided that such benefits on only one occasion and are invoiced by the operator of the remote means of communication. The consumer must be informed in this case, but the address of the establishment of the entrepreneur can, at which he can raise objections.

(3) In financial services, the consumer during the term of the contract at any time require the entrepreneur to him that the contract provisions, including the terms and conditions in a deed provides.

(4) Further restrictions on the use of telecommunication resources and further information requirements under other regulations
§ 312d
Revocation and return in distance contracts

(1) The consumer is at a distance contract a right of withdrawal according to § 355. Instead of the right of withdrawal may be a consumer in contracts for the supply of goods a right of return granted under § 356th

(2) The revocation period starts deviating from § 355 paragraph 2 sentence 1 does not fulfill the obligations as per § 312c Section 2, in the supply of goods not before the date of receipt by the consignee, in case of recurring deliveries of similar goods not before days of receipt of the first delivery of services and not before the date of conclusion.

(3) The right expires at a service in the following cases:
  
First at a financial services if the contract is fulfilled by both sides at the express request of the consumer before the consumer has exercised his right of withdrawal,
  
Second with any other service, if the contractor has started the service with the express consent of the consumer before the end of the revocation period or if the consumer has even initiated.

(4) The right of withdrawal, unless otherwise provided, not in distance contracts
  
First the supply of goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable due to their condition for a return or spoil quickly or whose expiration date has passed,
  
Second the delivery of audio or video recordings or software if the delivered data carriers have been unsealed by the consumer,
  
Third the supply of newspapers and magazines,
  
4th for gaming and lottery services
  
5th concluded in the form of auctions (§ 156) or
  
6th the supply of goods or the provision of financial services have as their object, whose price depends on financial market fluctuations in the control of the contractor's control, which may occur during the withdrawal period, in particular services in connection with shares, share certificates, by an investment company or a foreign investment company are issued, and other negotiable instruments, foreign exchange, derivatives and money market instruments.

(5) The right does not also apply to distance contracts where the consumer already entitled on the basis of § § 495, 499-507 a revocation or right of return under § § 355 or 356th Under such agreement, paragraph 2 shall apply accordingly.

(6) For contracts relating to financial services, consumer notwithstanding § 357 paragraph 1 of compensation for the services rendered under the provisions of the statutory cancellation will apply only if it has been pointed out before delivering its contractual agreement to this consequence, and if he expressly agreed to is that the entrepreneur begins before the cancellation deadline with the execution of the service.
§ 312e
Duties in the electronic commerce

(1) If a contractor for the purpose of concluding a contract for the supply of goods or the provision of services of a tele-or media services (electronic contract), he has the customer
  
First may be appropriate, effective and accessible technical means to make available, to help the customer identify input errors before submitting an order and correct,
  
Second in the ordinance under Article 241 of the Introductory Act to the Civil Code certain information in good time before delivery of his order in clear and understandable
  
Third the receipt of his order immediately to confirm electronically and
  
4th get the opportunity to provide the contractual provisions, including the terms and conditions of contract and to store in a reproducible form.

Ordering and receipt within the meaning of sentence 1 No. 3 shall be deemed received when the parties, for which they are able to access them under ordinary circumstances.

(2) Paragraph 1 Sentence 1 No. 1 to 3 shall not apply if the contract is concluded exclusively by means of individual communication. Paragraph 1 Sentence 1 No. 1 to 3 and sentence 2 shall not apply if the contract between parties who are not consumers, something else is agreed.

(3) Further information obligations remain unaffected due to other regulations. The customer has a right of withdrawal according to § 355, the period runs notwithstanding § 355 paragraph 2 sentence 1 does not fulfill the laid down in paragraph 1, sentence 1 Obligations
 

§ 312f
Deviating agreements

The provisions of this subtitle shall, unless otherwise provided, no derogations to the detriment of the consumer or customer. The provisions of this subtitle are, unless otherwise specified, also apply when they are circumvented by other arrangements.

 

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