(1) In the case of off-premises contracts, the trader is obliged to forthwith provide the consumer with the following documents on paper:
1. a copy of a contract document signed by the parties concluding the contract such that their identity is recognisable, or
2. a confirmation of the contract reflecting the contract’s content.
If the consumer agrees, some other durable medium may be used for the copy or the confirmation of the contract. The confirmation pursuant to sentence 1 must include the information specified in Article 246a of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche) unless the trader has provided the consumer with such information on a durable medium, by way of meeting the trader’s obligations to provide information pursuant to section 312d (1), already prior to concluding the contract.
(2) In the case of distance contracts, the trader is obliged to provide the consumer with a confirmation of the contract, on a durable medium, in which the content of the contract is set out, and to do so within a reasonable time limit after having concluded the contract, at the latest, however, at the time of the delivery of the goods or before the performance of the service. The confirmation pursuant to sentence 1 must include the information specified in Article 246a of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche) unless the trader has provided the consumer with such information on a durable medium prior to concluding the contract by way of meeting the trader’s obligations to provide information pursuant to section 312d (1).
(3) In the case of contracts for the supply of digital content (section 327 (2) sentence 1) that is not made available in a tangible medium, the copy or the confirmation of the contract pursuant to subsections (1) and (2) likewise is to record, where appropriate, that prior to the performance of the contract, the consumer
1. has expressly consented to the trader commencing with the performance of the contract prior to expiry of the withdrawal period, and
2. has acknowledged that, by granting consent, the consumer will lose the right to withdraw from the contract upon the performance of the contract having commenced.
(4) This provision does not apply to contracts relating to financial services.