Verbrauchsgüterkauf

Verbrauchsgüterkauf, also known as consumer goods purchase, refers to the sale of movable, tangible items between a business (seller) and a private individual (buyer). This legal framework is primarily governed by consumer protection laws designed to safeguard the buyer. Key aspects of Verbrauchsgüterkauf include provisions regarding conformity of goods, warranty rights, and the seller's liability for defects.

When a consumer purchases goods, the seller is obligated to ensure that the item is free from defects and matches the description provided. If the goods are found to be defective at the time of purchase, or if a defect appears within a specified period, the consumer has certain rights. These typically include the right to repair, replacement, a price reduction, or even withdrawal from the contract, depending on the severity of the defect and the circumstances.

The concept of "Gefahrübergang," or the transfer of risk, is also crucial. Generally, the risk of accidental loss or damage to the goods passes to the consumer upon handover. However, in cases of Verbrauchsgüterkauf, the risk is presumed to have been with the seller if a defect becomes apparent within a certain period after handover, shifting the burden of proof to the seller to demonstrate otherwise. This legal structure aims to provide consumers with a secure and fair purchasing experience.