Fernabsatzgeschäften

Fernabsatzgeschäfte, also known as distance selling, refers to contracts concluded between a business and a consumer without the simultaneous physical presence of both parties. This typically occurs through distance communication means such as mail order, telephone, fax, email, or online platforms. The core characteristic is that the consumer does not have the opportunity to examine the goods or services in person before making a purchase decision.

In many jurisdictions, Fernabsatzgeschäfte are subject to specific consumer protection regulations. These regulations aim to safeguard consumers who are at a disadvantage due to the lack of physical inspection. Key consumer rights often include a right of withdrawal or cancellation, allowing consumers to return the goods within a specified period, usually 14 days, without needing to provide a reason. Consumers also generally have a right to detailed pre-contractual information about the seller, the product or service, pricing, delivery, and their cancellation rights.

Businesses engaged in Fernabsatzgeschäften must comply with these regulations, which often include obligations regarding clear and understandable information provision, secure payment methods, and timely delivery. Failure to adhere to these rules can result in penalties for the businesses and empower consumers to seek redress. The rise of e-commerce has made Fernabsatzgeschäfte increasingly prevalent, highlighting the importance of these protective legal frameworks.