Distance contract
In Germany, a distance contract is concluded between an entrepreneur and a consumer using means of distance communication . It includes the delivery of goods ( sales contract ) or the provision of services ( service contract , management contract , lease , work contract , brokerage contract , matchmaking , arranging travel services).
The means of distance communication must be used within the framework of a sales or service system that is specially organized for distance selling.
Legal
Right of withdrawal
With a few exceptions, a consumer is entitled to an extensive right of withdrawal in accordance with Section 312g (1) BGB in accordance with Section 355 BGB.
Exceptions
However, auctions ( § 312g , § 156 BGB) are excluded from the right of withdrawal . However, according to a decision by the Federal Court of Justice, "online auctions" are not subject to this exclusion if no award is made, since the provision of Section 156 BGB is not based on the form of an auction, but on the form of the conclusion of a contract by awarding the contract . If the contract with an online auction house is simply concluded with the expiry of a specified term or the like, i.e. not through a declaration of intent made by an auctioneer, the knockdown and thus an auction within the meaning of Section 156 BGB.
See also
Individual evidence
- ^ BGH, judgment of November 3, 2004 , Az.VIII ZR 375/03, full text = BGH NJW 2005, 53.
