Verbrauchsgüterkäufe

Verbrauchsgüterkäufe refer to purchase agreements between a consumer and a business, specifically concerning movable goods. In German law, these transactions are governed by specific provisions designed to protect the consumer. A key characteristic is the contracting parties: one is a consumer, meaning a natural person acting for purposes outside their trade, business, or profession, and the other is an entrepreneur who acts in the course of their trade, business, or profession. This distinction is crucial for the application of consumer protection rules.

The law places a significant emphasis on the seller's liability for defects in the purchased item, known as Gewährleistung. This includes the right to repair, replacement, price reduction, or withdrawal from the contract if the goods are faulty. The seller is typically liable for defects that existed at the time of the transfer of risk, which usually occurs upon handover of the item to the consumer. Consumers generally have a two-year period to report defects. Furthermore, specific rules apply to online and distance selling, often granting consumers a right of withdrawal within a certain period, allowing them to return the goods without giving a reason. These provisions aim to create a balanced legal framework for consumer transactions.