By Serap Aydin, Wolfgang Tichy
Directive 2011/83/EU of 25 October 2011 on consumer rights (the “Directive“) and the Fern- und Auswärtsgeschäfte-Gesetz (the “FAGG“) impose many information obligations on traders before the consumer is bound by a distance or off-premises contract, or any corresponding offer. Among other things, the trader must inform the consumer where the right of withdrawal exists, the conditions, time limit and procedures for exercising that right, including a model withdrawal form.
However, if the contract is concluded remotely in a manner only allowing for “limited space” or “limited time” to display the information, the trader must comply only with a limited set of information requirements, such as the main characteristics of the goods or services, the identity of the trader, the total price, the right of withdrawal, the duration of the contract and, if the contract is of indefinite duration, the conditions for terminating the contract. The trader shall provide the other information to the consumer in an appropriate way, for instance via a link to its webpage.