Lawyer Consumer Protection Law Frankfurt

In which situations do consumer protection rights apply?

For consumer protection rights to apply, there must first be a so-called consumer contract in accordance with Section 310 (3) BGB. According to this, a consumer contract exists if the contract was concluded between an entrepreneur (Section 14 BGB) and a consumer (Section 13 BGB). According to Section 14 BGB, an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession. In practical terms, the contracting party who wishes to supply a product, service or work to the other party.

According to Section 13 of the German Civil Code (BGB), a consumer is any natural person who concludes a legal transaction for predominantly private purposes. The legal transaction must not be connected with a self-employed activity.

It is difficult if the contract is concluded for both commercial and private purposes. In this case, it is important to clearly define which purpose ultimately predominates.

This is the case, for example, if an entrepreneur buys a smartphone that he intends to use both privately and commercially. If the use of the smartphone for private purposes predominates, the entrepreneur must be classified as a consumer.

Entrepreneurs are legally obliged to provide consumers with various pieces of information listed in the law (more details on this in the EGBGB) before they submit their contractual declaration or before the contract is concluded. This is so important because only informed consumers can make an informed and well-considered decision regarding the conclusion of a contract.

The conditions of the 14-day right of withdrawal may apply in individual cases, but this varies from case to case and requires legal expertise. Which approach is the right one in the end depends on what you want as a client. I will be happy to advise you on the most efficient way forward, both legally and economically. If necessary, I will also defend you in court.

Have you been sold a product (e.g. smartphone, refrigerator, kitchen, car, toy) that does not work as it should within one year of purchase (the question relates to purchase contracts from 01.01.2022)?

Do you have problems with your payment service provider regarding a reauthorized payment (keyword: payment transaction law)? Or have you concluded a contract (purchase contract, service contract, work contract, loan agreement) outside the business premises of the entrepreneur (e.g. via the Internet or at the front door) and are unsure whether you are now bound by your declaration of intent to conclude the contract or whether revocation is still possible?

I will be happy to clarify these and many other legal questions in connection with consumer protection rights with you.

Contact me and I will take a look at your legal problem!