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Book 2 · Law of obligations  ›  Subtitle 3 · Contracts for delivery by instalments between a trader and a consumer › Section 510

Contracts for delivery by instalments

(1) The written form is required for the contract between a consumer and a trader if the contract

1.  has as its subject matter the supply of more than one thing sold as belonging together by way of performance in instalments and remuneration is to be paid for the totality of the things in instalments,

2.  has as its subject matter the periodic supply of things of the same kind, or

3.  has as its subject matter the duty of recurrent acquisition or procurement of things.

This does not apply if the consumer is given the opportunity to retrieve the terms of the contract, including the standard business terms, at conclusion of the contract, and to store them in a reproducible form. The trader is to provide the consumer with the contents of the contract in text form.

(2) Subject to subsection (3), the consumer is entitled to a right of withdrawal as defined in section 355 in the case of contracts under subsection (1) that are neither distance contracts nor off-premises contracts.

(3) The right of withdrawal under subsection (2) does not apply to the extent specified in section 491 subsection (2) sentence 2 nos. 1 to 5, subsection (3) sentence 2 and subsection (4). The net loan amount referred to in section 491 (2) sentence 2 no. 1 is equal to the sum of all instalments to be paid by the consumer prior to the earliest termination date.

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