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
E-Mail:

All entrepreneurs who enter into contracts with consumers in return for payment may be affected by the consumer rights reform.

I. Basic duties for all

Identification requirement for calls from the company
Additional fees must be expressly agreed upon
Payment fees are only possible to a limited extent
Restrictions on fees for telephone information for contract processing
Information that must be provided:
- Essential characteristics of the goods or service
- Identity, address, telephone number
- total price or, if not possible, the manner in which the price is calculated
- Terms and conditions
- Deadline for payment, delivery and service
- Complaints procedure
- Statutory warranty or guarantees, then with conditions
- Duration and cancellation policy
- Explanations for digital content

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

II. Distance Selling (online shops, contracts made by telephone or fax, etc.)

The information requirements, the requirements for the design of an online shop and the revocation instructions will be changed. In addition, a revocation form will be added.

III. Contracts concluded outside business premises

The term "doorstep contract", which was previously well-known, is being expanded so that even more contractual situations may be subject to special conditions, information requirements and consumer rights of withdrawal.

IV. Exemptions

Some types of contract are largely excluded from the scope of application, although this must always be checked in detail, as unfortunately the law is not formulated as generally as our following key points:

notarized contracts
real estate transactions
building contracts
travel services
Passenger transportation contracts
Part-time residential rights contracts
Treatment contracts
Supply contracts for foodstuffs and household items for everyday use
Vending machine contracts
Small transactions under €40 that are fulfilled immediately

However, these contracts also require

identification requirement when the entrepreneur calls
Additional fees must be expressly agreed upon
There are restrictions on payment fees

We are unable to provide more details here. All obligations must be complied with from June 13, 2014.

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.