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US News Bundestag decides law for fair consumer contracts

11:31  25 june  2021
11:31  25 june  2021 Source:   rp-online.de

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European Policy at German Bundestag European Policy at German Bundestag : Show submenu. The Bundestag 's rights to participate in EU affairs. Whether it is classic legislation on legal policy (e.g. family, copyright or criminal law ) or current issues in consumer protection (e.g. the rights of railway passengers, banking practices or the security of contracts concluded via the Internet), the members of the Committee on Legal Affairs and Consumer Protection discuss diverse topics that affect all of Germany’s citizens, helping.

Consumer Protection Laws and Regulations covering issues in Germany of General, Protections in Relation to the Quality and Function of Goods and Services. The right to rescind an agreement without cause does not apply to certain types of contracts ; for example, for goods that have been customised for the consumer (e.g. tailor-made shirts), easily perishable goods, goods that have been sealed for hygienic or medical reasons (where the seal is broken), software that has been shrink-wrapped, newspapers or magazines.

Berlin. Long notice periods and exceeding contract periods in contracts for the mobile phone or the gym should no longer have to accept consumers. The Bundestag has decided the law for fair consumer contracts.

 Handyverträge dürfen künftig keine überlange Laufzeit mehr haben (Symbolbild). © Karl-Josef Hildenbrand Mobile phone contracts may not have any exceeding duration (symbol image) in the future.

It should also improve protection against intrusive telephone advertising. In the future, contracts that have automatically renewed may be terminated monthly, such as Minister of Justice Christine Lambrecht (SPD) explained. Accordingly, the termination of permanent contracts concluded on the Internet is made: With a notice button, consumers can in future be able to terminate them on the same way and just as simply as they have completed them.

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EU law sets out some fairness and transparency requirements for contracts you sign with consumers . Which contract terms are concerned? The information below only concerns selling to consumers who buy outside their professional sphere. Both the main subject-matter of your contract and the value-for-money aspects are specifically excluded. Take note that if you want to rely on the fact that the contract has been individually negotiated, you will need to prove this. Contracts must be fair .

(b) Inadequacy of laws Existing laws and procedures for redressing these injuries are inadequate to protect consumers . (c) Available non-abusive collection methods Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts. Any debt collector communicating with any person other than the consumer for the purpose of acquiring location information about the consumer shall --. (1) identify himself, state that he is confirming or correcting location information concerning the consumer , and, only if expressly requested, identify his employer

telephone advertising may already be made only after a prior consent of the consumer or the consumer. In the future, companies must carefully document this consent and provide for demand as Lambrecht explained. If the company does not accomplish the company of its documentation, a sensitive fine of up to 50,000 euros.

Originally provided in the Law for Fair Consumer Contracts, the obligation to form the text in the conclusion of electricity and gas contracts outside the basic supply was provided for - this regulation is now adopted with the amended Energy Industry Act, said Lambrecht. "Contract connections on the telephone are thus no longer possible in this important sector."

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Consumer contract law . EU consumer protection legislation dealing with Business-to- Consumer contractual issues such as the right of withdrawal, legal guarantee and unfair contract terms. Consumer rights directive.

A contract is a legally binding document between at least two parties that defines and governs the rights and duties of the parties to an agreement.[1] A contract is legally enforceable because it meets the requirements and approval of the law . In the Anglo-American common law , formation of a contract generally requires an offer, acceptance, consideration, and mutual intent to be bound. Each party must be those who are binding by the contract .[3] Although most oral contracts are binding, some types of contracts may require formalities such as being in writing or by deed.[4].

For devices with digital elements such as tablets or SmartWatches, an update duty will also apply in the future. A new law obliges the seller to update its product. Thus, functionality and IT security should be guaranteed.

For which period the update obligation applies, however, is not expressly committed. In the law, only a period of time is speech that the customer could expect "due to the nature and the purpose of" the acquired device.

is legally better placed consumers in the case of a damaged product. So far, a warranty case was only available in the first six months after the purchase. In the future, however, twelve months basically applies to the assumption that the lack already presented at the purchase.

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