Distance Selling Act

Basic data
Title:	Distance Selling Act
Abbreviation:	FernAbsG
Type:	Federal law
Scope:	Federal Republic of Germany
Legal matter:	Law of obligations
References :	402-36 a. F.
Issued on:	June 27, 2000 ; ( Federal Law Gazette I p. 897 )
Entry into force on:	June 30, 2000
Expiry:	January 1, 2002 ; (Art. 6 No. 7 G of November 26, 2001, ; Federal Law Gazette I p. 3138, 3187 )
	Please note the note on the applicable legal version.

The Fernabsatzgesetz (FernAbsG) was a German law in the field of distance selling law . It contained regulations on consumer protection in distance contracts . According to the law, a. the Distance Selling Directive implemented. It came into force on June 30, 2000 and was integrated into the BGB on January 1, 2002 as part of the modernization of the law of obligations .

scope of application

The Distance Selling Act was applied to distance selling contracts, i.e. to purchase or service contracts between consumers and entrepreneurs by telephone, internet or other means of distance communication and within the framework of a sales or service system organized for distance selling ( Section 1 Paragraph 1 and 2 FernAbsG).

The law did not apply to contracts in accordance with Section 1 (3) FernAbsG

via distance learning ,
on the part-time use of residential buildings,
about financial transactions,
about real estate transactions,
about the delivery of food, beverages or other household items for daily needs that were delivered by entrepreneurs as part of regular trips (examples: milkman , pizza service ),
about the provision of services in the areas of accommodation, transport, delivery of food and beverages as well as leisure activities for a specific point in time,
on the use of public telephones

as well as contracts that were concluded via vending machines.

Information requirements

If an entrepreneur used means of distance communication to conclude a business, he was obliged according to § 2 FernAbsG to provide the consumer with certain information. So he had to give the consumer u. a. give his identity and address and inform him of the essential characteristics of the goods or services. In particular, the entrepreneur had to instruct the consumer about his right of withdrawal or return.

Right of withdrawal and return

In the case of distance sales contracts, consumers were given a basic right of withdrawal in accordance with Section 3 Paragraph 1 Clause 1 FernAbsG i. V. m. Section 361a BGB a. F. admitted. The consumer could revoke his declaration of intent within a period of two weeks and was then no longer bound by the contract.

This period began as soon as the entrepreneur fulfilled his above-mentioned information obligations. If a sales contract was concluded, the period began at the earliest as soon as the consumer received the goods, but no later than four months after receipt of the goods.

There was no statutory right of withdrawal for distance contracts

for the delivery of goods that were manufactured according to customer specifications or that were clearly tailored to personal needs or that were not suitable for return due to their nature or that could spoil quickly or whose expiry date would have been exceeded,
for the delivery of audio or video recordings or software, provided that the delivered data carriers were unsealed by the consumer,
for the delivery of newspapers, magazines and magazines,
for the provision of betting and lottery services or
which were closed in the form of auctions ( Section 156 BGB).
for the delivery of fresh goods (e.g. flowers)

According to § 3 Paragraph 3 FernAbsG, the right of withdrawal could be replaced by an unrestricted right of return ( § 361b BGB old version). The consumer's right of withdrawal (or return) was not mandatory , so it could not be contractually excluded.

Modernization of the law of obligations

The Distance Selling Act was repealed through the modernization of the law of obligations. The provisions on distance selling contracts were partially taken over verbatim from the Distance Selling Act and can now be found in § § 312b ff. BGB as well as in the BGB information obligation regulation .

In the meantime, however, there have also been some content changes. For example, even after receipt of the goods , the withdrawal period only begins when the entrepreneur has complied with his information obligations - and not four months after receipt. There are also now rules on the distance selling of financial services .

Web links

Distance Selling Act at dejure.org

Directive 97/7 / EG (PDF) ofthe European Parliament and of the Council of May 20, 1997 on consumer protection in the context of distance contracts (Distance Selling Directive)