Law of Consumers’ Contracts

This field of law is basically formed by numerous exemptions from the “general” law of obligations. It’s most relevant provisions can be found in the German Civil Code (BGB), as well. They become relevant each time a consumer and a tradesman or company (of any size) negotiate or close any kind of contract on goods, loans, or services.

German and European legislative intend to protect consumers from consequences their own imprudent irrevocabel decisions may have, and from aggressive (e.g. direct- or online-) marketing activities performed by companies. Legal consumer protection therefore focusses on specific types of marketing and constract-closing.

E.g., when ordering goods or services via internet, facsimile, telephone or mailorder, consumers are generally entitled to inspect the goods after their receipt and to cancel the deal by sending them back wthin a statutory period of two weeks after receipt.

Similar rights entitle consumers which have closed a contract with an direct marketing agent on public streets or in their home to cancel the contract.

Thirdly, the Civil Code encompasses important restrictions of the usage and the formulation resp. subject matter of general terms and conditions (“Allgemeine Geschäftsbedingungen”).

In this branch of law, our firm offers comprehensive advice for both consumers and enterprises. Apart from specific conflicts, enterprises can have there general terms and conditions edited and checked, as well as their marketing policy adapted in order to comply with legal requirements.

Selected F.A.Q.s and respective answers on this topic will be available for your information and can be browsed in the navigation bar on the left. Please keep in mind that this is introductory information only, not taking into account individual aspects. Although preparing and updating carefully, we cannot guarantee the accuracy, completeness, and quality of the information provided, nor that it is up-to-date. If you face a legal problem, we strongly suggest you consider our firm or any other attorney’s office in order to obtain appropriate legal advice.