Distance Contract for Germany

Distance Contract Template for Germany

A Distance Contract under German law (Fernabsatzvertrag) is a standardized agreement governing the sale of goods or services between a trader and a consumer where the contract is negotiated and concluded exclusively through means of distance communication (e.g., internet, phone, mail). This document incorporates requirements from the German Civil Code (BGB), particularly §§ 312a-312k, and includes mandatory consumer protection provisions, withdrawal rights, information requirements under Art. 246a EGBGB, and compliance with EU consumer protection regulations. It is specifically designed to meet German legal requirements for remote selling while providing clear terms for both businesses and consumers.

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What is a Distance Contract?

The Distance Contract (Fernabsatzvertrag) is essential for businesses engaging in remote selling within Germany or to German consumers. It is specifically designed to comply with German Civil Code requirements and EU regulations for distance selling. This document type is required whenever goods or services are sold through means of distance communication without simultaneous physical presence of the parties. It must include mandatory consumer information, clear withdrawal rights, pricing details, and delivery terms as required by German law. The contract is particularly relevant for e-commerce platforms, digital service providers, and mail-order businesses, ensuring compliance with German consumer protection standards while facilitating remote business transactions.

What sections should be included in a Distance Contract?

1. Parties: Identification of the trader (including full company details as required by German law) and the consumer

2. Background: Brief context of the distance selling arrangement

3. Definitions: Key terms used in the contract, including specific German legal terminology

4. Subject Matter of the Contract: Clear description of goods/services being provided, including all essential characteristics

5. Order Process: Step-by-step description of how the contract is concluded electronically

6. Prices and Payment Terms: Complete price information including all additional costs, shipping, taxes, and payment methods

7. Delivery Terms: Delivery times, methods, and costs in accordance with German distance selling regulations

8. Right of Withdrawal: Detailed information about the 14-day withdrawal right, conditions, and procedures as per BGB

9. Warranty and Liability: Statutory warranty rights and liability provisions under German law

10. Data Protection: Essential GDPR/DSGVO compliance information regarding data processing

11. Dispute Resolution: Information about dispute resolution procedures including ODR platform reference

12. Final Provisions: Governing law, jurisdiction, and severability clauses

What sections are optional to include in a Distance Contract?

1. Digital Content: Required when selling digital products, addressing compatibility, functionality, and technical protection measures

2. Subscription Terms: Required for recurring deliveries or subscription-based services, including cancellation terms

3. Return Costs: Required when the trader wants the consumer to bear the costs of returning goods

4. Age Verification: Required for age-restricted products like alcohol or adult content

5. Installation Services: Required when the contract includes installation or assembly services

6. Warranty Extension: Optional section for additional voluntary warranty provisions beyond statutory requirements

What schedules should be included in a Distance Contract?

1. Model Withdrawal Form: Mandatory withdrawal form as per Art. 246a § 1 Abs. 2 S. 1 Nr. 1 EGBGB

2. Product Specifications: Detailed technical specifications or product descriptions

3. Price List: Detailed breakdown of prices for different products/services if applicable

4. Delivery Zones: Breakdown of delivery areas and associated costs/times

5. Privacy Notice: Detailed privacy policy compliant with GDPR requirements

6. Terms of Use: Additional terms for digital products or online services if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

E-commerce

Retail

Digital Services

Software

Consumer Goods

Fashion

Electronics

Home and Garden

Food and Beverage

Subscription Services

Digital Content

Telecommunications

Mail Order

Online Education

Streaming Services

Relevant Teams

Legal

Compliance

E-commerce

Digital Operations

Customer Service

Sales

Risk Management

Business Development

Product Management

Retail Operations

Contract Administration

Relevant Roles

E-commerce Manager

Legal Counsel

Compliance Officer

Online Sales Manager

Digital Business Director

Customer Service Manager

Operations Manager

Contract Administrator

Risk Manager

Business Development Manager

Digital Products Manager

General Counsel

Retail Operations Director

Chief Legal Officer

E-commerce Director

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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