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Book 2 · Law of obligations  ›  Chapter 3 · Contracts concluded in electronic commerce › Section 312i

General obligations in electronic commerce

(1) If a trader uses teleservices in order to conclude a contract for the supply of goods or the rendering of services (e-commerce contract), then the trader is to

1.  provide the customer with reasonable, effective and accessible technical means with the aid of which the customer may identify and correct input errors prior to placing their order,

2.  communicate to the customer clearly and comprehensibly the information specified in Article 246c of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche) in good time prior to the customer placing their order,

3.  confirm receipt of the order without undue delay by electronic means for the customer, and

4.  provide the customer with the opportunity to retrieve the contract terms including the standard business terms when the contract is concluded, and to save them in a form that allows for their reproduction.

The order and the acknowledgement of receipt within the meaning of sentence 1 no. 3 are deemed to have been received if the parties for whom they are intended are able to retrieve them in normal circumstances.

(2) Subsection (1) sentence 1 no. 1 to 3 is not to be applied if the contract is concluded exclusively by way of personal communication. Subsection (1) sentence 1 no. 1 to 3 and sentence 2 is not to be applied if otherwise agreed in a contract between contractual parties who are not consumers.

(3) More extensive information obligations resulting from other stipulations of the law remain unaffected.

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