The 2013 consumer rights reform that came into force on June 13, 2014 – what business owners need to be aware of

from
Dr. jur. Dirk Lindloff
Lawyer
Specialist lawyer for intellectual property law
Specialist lawyer for information technology law

Give me a call: 0261 - 404 99 45
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All businesses that enter into paid contracts with consumers may be affected by the consumer law reform.

I. Basic Obligations for All

Obligation to identify oneself when the business makes a call
Additional fees must be expressly agreed upon
Payment fees are only permitted to a limited extent
Limited fees for telephone inquiries regarding contract processing
Information that must be provided:
- Essential characteristics of the goods or services
- Identity, address, telephone number
- Total price or, if not possible, method of price calculation
- Terms and Conditions
- Terms of payment, delivery, and performance
- Complaint procedure
- Statutory warranty or guarantees, including terms and conditions
- Term and cancellation conditions
- Explanations regarding digital content

There is one major exception to the information requirements: everyday transactions that are fulfilled immediately.

II. Distance Selling (Online Stores, Contracts by Phone and Fax, etc.)

Changes are made to information obligations, requirements for the design of an online store, and the cancellation policy. A cancellation form is also included.

III. Contracts Concluded Outside of Business Premises

The previously familiar concept of doorstep contracts is being expanded, so that even more contractual situations may be subject to special conditions, information requirements, and consumers’ rights of withdrawal.

IV. Exceptions

Certain types of contracts are largely excluded from the scope of application, although this must always be verified in detail, as the law is unfortunately not formulated as broadly as our following bullet points:

Contracts notarized by a notary
Real estate transactions
Construction contracts
Travel services
Passenger transport contracts
Timeshare contracts
Medical treatment contracts
Contracts for the supply of food and household items for daily use
Vending machine contracts
Small transactions under €40 that are fulfilled immediately

However, the following also applies to these contracts

the obligation to identify oneself when calling the business
Additional fees must be expressly agreed upon
Payment fees are only permitted to a limited extent

We cannot go into further detail here. All obligations must be complied with as of June 13, 2014.

Note

This article outlines the changes that took effect in 2014. Since then, there have been further changes to the relevant regulations.

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.