Fernabsatzverträgen

Fernabsatzverträgen, also known as distance selling contracts, are agreements concluded between a business and a consumer solely through means of distance communication. These means include mail order catalogs, telephone, fax, email, and online shops. The key characteristic is that the consumer and the business are not physically present at the same time during the conclusion of the contract.

In Germany, Fernabsatzverträgen are regulated by specific provisions within the German Civil Code (Bürgerliches Gesetzbuch - BGB). These regulations are designed to protect consumers, who are often at a disadvantage in such transactions due to the inability to inspect the goods or services beforehand. Key consumer rights associated with Fernabsatzverträgen include a right of withdrawal. Consumers generally have a 14-day period to revoke their contractual declaration without giving any reason.

The business is obligated to provide the consumer with extensive information before or at the time of concluding the contract. This information typically covers details about the seller, the main characteristics of the goods or services, the total price, payment and delivery terms, and the existence and duration of the legal warranty. Failure to provide this information can affect the validity of the contract or extend the consumer's right of withdrawal. Certain types of contracts, such as those for customized goods or sealed audio/video recordings, may be exempt from the right of withdrawal.