Gültigkeitsgebiet: Bundesweit
Here you will find information on your rights and obligations regarding business formation, management, and closure, as well as specifically on contract law and default interest.
B2B and B2C sales in contract law
Companies that Terms and Conditions wish to draft for their contracts with business partners or end consumers, must observe numerous criteria. Unlike other contractual agreements, the general terms and conditions are not negotiated between the contracting parties. Instead, one contracting party dictates the GTC as a component of the contract. For this reason are subject to Terms and Conditions strict protection. The legislature has established rules in the Civil Code (BGB) that must be observed when using general terms and conditions (AGB).
National contract law rules for the supply of digital content and digital services
Through the implementation of the Digital Content Directive 2019/770 new regulations were introduced into national law for all consumer contracts. Regardless of the type of contract, these regulations relate to the provision of:
The companies are required to defect-free performance obliged. In the event of a defect in the digital product, consumers have, in addition to the claim to subsequent performance both the right to Termination of contract as well as the right to Reduction. Nacherfüllung means the remedy of the defect, for example by repairing the digital product or providing it again. In addition, consumers can assert claims for damages and reimbursement of expenses. As Warranty period a minimum period of two years is provided for.
Companies are also required to, Updates – as well as functionality-maintaining updates and security updates –. The regulations apply both when consumers pay a price for digital products and when they provide personal data in addition to or instead of payment.
The new regulations apply in particular to:
The new regulations also apply to so-called Package deals, which, in addition to the provision of digital products, include further contract contents. These may, for example, involve the provision of non-digital services. As a rule, however, the new regulations then only apply to the digital part of the contract.
Furthermore, as a provider of a website, you in any case have special Information obligations to note. It does not matter whether the website serves purely for presentation purposes or whether an ordering system is integrated. Information must be provided about:
Do you offer in your Online store products for consumers, there are further legal regulations that must be strictly observed. You must provide information on your website about:
The right place for the information is the Ordering page. There you must provide consumers with the information in a clear, comprehensible, and prominent manner. This is best achieved with the help of a structured ordering process and the use of
Special rules – other off-premises sales
When a contract is concluded outside of a retail store, for example at the front door or at the workplace, consumers are exposed to a particular risk of being caught off guard. For this reason, the law provides in these situations special protection provisions Before.
Before concluding the contract, you as a company Information obligations to fulfill. These include, among others:
For contracts concluded away from business premises, consumers generally have a 14-day limited Right of withdrawal (Section 312g(1) of the German Civil Code (BGB)). The revocation may be made in any form, including verbally, by telephone, or by email.
In-Store Sales
The Information obligations also apply for brick-and-mortar retail, that is, shopping in a physical store. A There is no statutory right of withdrawal here. Consumers have a right of withdrawal in the following cases:
Assistance and training services regarding contractual obligations
Due to the Chambers of Commerce and Industry (IHKs) Information is made available throughout Germany; see Information and Publications.
Types of Contracts for the Delivery of Digital Content
In the case of contracts for downloading, that is, the Download, or real-time loading, also known as Streaming, when it comes to digital content, it is usually Distance Sales Contracts. Therefore, the provisions applicable to these contracts generally apply. In addition, the special regulations for contracts in electronic commerce apply.
However, there are a few Special features. These concern both the downloading and streaming of movies, music files, or other digital content on the internet, as well as the downloading of apps for smartphones and tablets.
In distance contracts, consumers have the right to cancel the contract without giving any reason. They generally have 14 days to do so. In the For the purchase of digital content, this withdrawal period begins as soon as the contract is concluded.. However, if the company has not informed the consumer about the right of withdrawal, the period is extended by another 12 months.
However, to prevent digital content from simply being used and then revoked as many times as desired, there is a special rule for streaming and downloading: The right of withdrawal expires as soon as the company has begun executing the contract. For streaming portals, this means as soon as the stream begins and the consumer can access the content. For the download of digital content, the right of withdrawal expires when the downloading process has begun.
You must inform consumers in advance about this special feature of the right of withdrawal.
Liability for defects in sold digital products or services
A defect is always present when a product does not have the agreed-upon quality, or if it is not suitable for ordinary use. Digital goods can therefore also be defective. If this defect already existed upon delivery, consumers are entitled to so-called Warranty rights to.
You are obligated to remedy defects in digital goods or to provide the buyers with flawless files. If you fail to do so, the buyers have the right to reduce the purchase price or to withdraw from the purchase contract.
Relevant information regarding delayed payments
If a contract is not performed, i.e., the customer does not pay after the conclusion of the contract, it is important for the creditor, the company, to put the debtors in default. The debtors enter into default if they fail to perform upon a reminder from the creditor. A Reminder should be in writing by certified mail with return receipt be sent to the debtors. The reminder should contain an explicit request for payment, ideally with a specific date by which payment is to be made.
As soon as the debtor is in default, the creditor is entitled to, default interest to demand. You may charge the debtor, provided the debtor is a consumer, interest at a rate of 5 percentage points above the European Central Bank’s current base rate.
The dunning procedure is, in addition to filing a lawsuit, a way to assert a financial claim with judicial help. Since it is a so-called simplified procedure, the dunning procedure is of great practical importance. It makes access to the courts possible for everyone. The application for the issuance of a dunning notice must be submitted in writing on the officially prescribed application form to the competent local court. The application form is available in stationery stores. In addition, there is the possibility to obtain the judicial dunning notice electronic to apply for.
An alternative to the judicial dunning procedure is hiring a Debt collection agencies. The term „Inkasso" (debt collection) comes from banking. It refers to the collection of money for claims, for example in the case of due bills of exchange and invoices. When collecting claims in the event of payment default, you can the affiliated collection agencies help.
Start-up portal of the Federal Ministry for Economic Affairs and Climate Action (BMWK):
This support service assists you in exercising your rights and fulfilling your obligations within the European Single Market.
