The contract for work between entrepreneur and consumer is often concluded outside the entrepreneur’s business premises. Furthermore, the parties usually use so-called means of distance communication (letters, phone calls, facsimiles, emails, etc.). This results in a contract concluded outside business premises as well as a distance contract within the meaning of §§ 312b, 312c of the Building Code.
Or elsewhere:
Right of withdrawal also for on-site craft services
A withdrawal instruction must also be given to the customer by craftsmen and companies if the contract is concluded at the customer’s home “on-site” or via telephone, fax, or email. Without instruction, the customer can withdraw from the contract and the craftsman will be left with the costs. The first court ruling on this has been made!
Background:
In practice, it is common for the craftsman to visit his customer, get an overview of the required work on site, and either give a concrete offer immediately or, in the case of extensive services, send the customer an offer including a service description and cost plan by post or email afterwards. It is rare that the customer comes to the business and commissions the craftsman with the concrete work there.
On 13.06.2014, the German right of withdrawal was comprehensively reformed and consumers basically have a 14-day right of withdrawal for “contracts concluded outside business premises.” (see also “Information Obligations Leaflet”) This applies both when the contract is concluded directly in the apartment or when the offer is sent later by email or fax (= distance selling)