Expertise
Consumer Law
Consumer law is the body of rules protecting consumers in disputes arising from the purchase of goods and services. Defective goods or services, distance sales, the right of withdrawal, unfair contract terms, subscriptions, credit and banking, and pre-paid housing sales are its main topics. Depending on the value, the consumer arbitration committee or the consumer court has jurisdiction; choosing the correct route and observing deadlines is important.
Consumer Arbitration Committee and Consumer Court
Where the value is below the statutory monetary threshold, an application to the consumer arbitration committee is mandatory; above it, a case is filed directly with the consumer court. The thresholds are updated each year.
Correctly framing the claim, fully submitting supporting documents (invoice, contract, warranty, correspondence) and observing deadlines directly affect the outcome. Committee decisions may be challenged before the consumer court.
Defective Goods and Services
Where the purchased good or service lacks the qualities stated in the contract, contains hidden or apparent defects, or lacks the promised features, the consumer’s elective rights arise.
- Rescission of the contract (refund)
- Price reduction proportionate to the defect
- Free repair
- Replacement with a defect-free equivalent
Distance Sales and the Right of Withdrawal
In distance-sales contracts formed online, by phone or similar means, the consumer generally has a right to withdraw within fourteen days without giving a reason. The seller’s pre-information, delivery and return obligations are important.
Proper exercise of withdrawal, return processes, shipping and refunds, and exceptions for certain product groups must be assessed carefully. E-commerce disputes concern both consumer and IT legislation.
Subscriptions, Credit and Banking
Termination of subscriptions, automatic renewal, unfair penalty clauses; and, in credit and banking, the refund of unlawfully charged file costs, fees and commissions frequently arise in consumer disputes.
Unfair terms in consumer contracts may be void where they create an imbalance to the consumer’s detriment; this is assessed for each contract individually.
Pre-paid Housing and Timeshare Sales
Pre-paid housing sales and timeshare contracts are subject to special protective rules in favour of the consumer. Delivery time, rights of withdrawal and rescission, security and formal requirements are examined carefully in these disputes.
Our Consumer Law Services
Our main services for consumers and sellers/providers:
- Preparing and following up consumer arbitration committee applications
- Filing and representation before the consumer court
- Exercising elective rights in defective goods and services disputes
- Distance sales, withdrawal and e-commerce disputes
- Subscription termination and unfair penalty-clause disputes
- Credit, bank fee and commission refund claims
- Identifying unfair contract terms
- Disputes from pre-paid housing and timeshare contracts
This content is provided for general legal information only and does not constitute legal advice on any specific matter.
Frequently Asked Questions
Consumer Law
If the value is below the statutory threshold, an application to the consumer arbitration committee is mandatory; above it, a case is filed with the consumer court. As thresholds are updated yearly, check before applying.
You may choose rescission, price reduction, free repair or replacement with a defect-free equivalent. Notifying the defect in time and keeping documents such as the invoice and warranty are important.
In distance sales you generally have a fourteen-day right to withdraw without giving a reason. Certain products and services are excepted; the specific situation must be assessed.
Do you need legal support in this area?
We can schedule a preliminary consultation to assess your situation.
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