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Legalwise

Consumer Law

We represent consumers in defective goods and services disputes, timeshare and pre-paid housing contracts, distance sale cancellations and consumer arbitration board applications.

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7 topics

  • Consumer Arbitration Board ApplicationIn Preparation

    Applying to the Consumer Arbitration Board offers a faster, cost-free remedy for disputes below the statutory monetary threshold, compared to the courts. Applying to the Board is generally mandatory for disputes below this threshold.

  • Defective Goods ActionsIn Preparation

    Defective goods actions are cases filed by a consumer to exercise the rights of refund, replacement, repair or price reduction where goods purchased lack the agreed qualities. Which right to exercise is generally left to the consumer's choice.

  • Defective Service ActionsIn Preparation

    Defective service actions are cases filed by a consumer to exercise the rights of re-performance, price reduction or withdrawal where a service is not performed as contracted. Because services generally cannot be returned in kind, damages claims are common.

  • Right of Withdrawal in Distance SalesIn Preparation

    The right of withdrawal in distance sales allows a consumer, in contracts concluded through means such as the internet or telephone, to withdraw from the contract without giving any reason. The law separately lists the exceptional goods and services for which this right cannot be exercised.

  • Timeshare CancellationsIn Preparation

    Timeshare cancellations concern the termination of long-term holiday-service contracts, either through the consumer's right of withdrawal or due to irregularities in the contract. Consumer-protective provisions in these contracts are broader than in general sales contracts.

  • Subscription Contract DisputesIn Preparation

    Subscription contract disputes arise over matters such as termination, automatic renewal, or unfair additional charges in fixed-term service contracts. A consumer may generally terminate a fixed-term subscription contract without giving any reason.

  • Door-to-Door SalesIn Preparation

    Door-to-door sales are contracts concluded outside the trader's place of business, at the consumer's location, benefiting from additional statutory protections such as the right of withdrawal. Clear disclosure of the trader's identity and purpose is important to ensure the consumer's informed consent.

Frequently Asked in This Area

Up to what amount can a claim be brought before the consumer arbitration board?

For disputes below the statutory monetary threshold, an application to the consumer arbitration board is mandatory; above that amount, a case must be filed directly before the consumer court. The current threshold is redetermined each year.

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What rights are available for a defective vehicle?

The consumer may choose between free repair, a price reduction proportionate to the defect, replacement with a defect-free equivalent, or rescission of the contract (refund). In cases of a serious defect, rescission may be requested directly.

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What is the withdrawal period for distance sales?

The consumer may withdraw from the contract within 14 days of delivery of the goods, without giving any reason and without paying any penalty. The withdrawal notice must reach the seller within this period.

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Who pays return shipping costs for online purchases?

When the right of withdrawal is exercised, return shipping costs are generally borne by the consumer, unless the seller has undertaken in the contract to cover them.

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Within what period can I return a defective product?

Rights against defects may be exercised within the general statutory limitation periods running from delivery of the goods; this period differs from, and is generally longer than, the warranty period.

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The information on this page is provided for general informational purposes only and does not constitute legal advice. Always consult a lawyer about your specific situation.