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The general German or EU rules on distance selling. (Both present) The Distance Selling Act (Federal Law Gazette No. 185/1999) the distance selling directive was transposed into national law. The implementation was done by an amendment of the Consumer Protection Act, whose provisions at 01 06 have entered into force in 2000. The law applies to all contracts that are "closed under exclusive use of one or more means of distance communication, provided that the operator of an organized distance sales or service system operates." In some cases contracts with leading means of distance alone, therefore, not to apply the rules! Not under the Distance Selling Act covers those contracts in which - before the contract - between businesses and consumers a personal contact has been established. Means of distance communication, to conclude a contract "may be used without the simultaneous physical presence of the parties". In particular, these include the following: -Printed material, catalogs, long distance, with people or machines, radio, tele-shopping As well as publicly accessible electronic media that allow individual communications such as electronic mail. The main provisions of the amended by the Distance Selling Act Consumer Protection Act: -Information requirements: The consumer needs before the purchase of certain information available (business name and address of the entrepreneur, the main characteristics of the product / service, price, possibly delivery, details of the payment and delivery of existence, a right of withdrawal, duration of the offer and price, etc.). Confirmation: The consumer must have a written confirmation (e-mail is possible) will receive the above information. Rich information on the website is not! -Right of withdrawal: The consumer is defined as a distance contract within 14 working days (Saturday not to resign as a working day). The withdrawal period is extended to three months if the operator has not complied with its disclosure. -No right of rescission law in contracts for: * Services, execution of which is to the consumer convention started within seven working days from the start of the contract; * Goods / services the price of the development of rates in the financial markets to which the operator has no influence depends; * Goods that are produced according to customer specifications, which are clearly tailored to personal needs and are not suitable for return; * Audio or video recordings or software if the delivered goods have been unsealed by the consumer; * Newspapers and magazines (except contracts for periodicals); Reversal: If the consumer withdraws from the contract, then train to train * to report to the contractor by the consumer payments and compensate the consumer on the matter or made expenditures * Consumer withhold the benefits received and pay the contractor a reasonable fee for the use (damage). back-related cancellation of the financing contract: If the consumer of a closed contract in which the fee is financed in whole or in part, by the operator or an economic unit by a third party credit granted, the cancellation also applies to the credit agreement. -Implementation: Unless agreed otherwise, the entrepreneur is the appointment within 30 days has run. Upon receipt of the goods that must be checked by consumers to immediately complete. The storage period for invoices is also for individuals two years. |
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