What are the rights of a consumer when entering into a contract?
December 15, 2022 | 40,00 EUR | answered by Mia Schulz
Dear lawyer,
I am reaching out to you because I am unsure about the rights I have as a consumer when entering into a contract. In the past, I have had negative experiences where I felt disadvantaged. Therefore, I would like to inform myself in advance to be better prepared in the future and to know my rights.
Specifically, I am concerned about a recently signed contract where I feel that some clauses are unfavorable for me as a consumer. I am unsure if I must simply accept this contract or if there are ways for me to resist. I also wonder if I have the right to cancel the contract if I change my mind later.
My main concern is that as a consumer, I am often in a weaker position and could easily be disadvantaged. Therefore, it is important for me to know what rights I have to protect myself from unfair contract terms.
Could you please explain to me what rights I have as a consumer when entering into a contract? Are there specific clauses I should look out for to protect myself? And what options do I have if I decide against the signed contract?
Thank you in advance for your help and support.
Sincerely,
Gabriele Herrmann
Dear Mrs. Herrmann,
Thank you for your inquiry regarding your rights as a consumer when entering into a contract. It is understandable that after negative experiences in the past, you would like to better inform yourself in order to be better prepared in the future. As a lawyer specializing in contract law, I can provide you with some important information about your rights as a consumer.
As a consumer, you have various rights that are intended to protect you from unfair contract terms. One of the most important regulations is the Consumer Protection Act, which grants you the right of withdrawal from contracts concluded outside of business premises. This means that you can usually cancel the contract within a certain period, as specified in the contract, without providing any reasons.
For contracts concluded online or by telephone, you even have a 14-day withdrawal right. Please note, however, that there are some exceptions, such as contracts for digital content that can be immediately downloaded, or for customized goods.
Furthermore, you should ensure that the contract is clearly and understandably formulated. Unclear or incomprehensible clauses could be interpreted to your disadvantage later on. You should also make sure that there are no surprising or hidden costs included in the contract.
If you feel that certain clauses in the contract are unfavorable for you as a consumer, you also have the right to have them reviewed. In such cases, I recommend seeking the assistance of a lawyer who can review the contract for you.
If you later decide against the concluded contract, in many cases you can make use of your right of withdrawal. However, if the contract has already been fully executed, a withdrawal is usually no longer possible.
I hope this information helps you and provides you with more clarity about your rights as a consumer when entering into contracts. If you have any further questions or need legal advice, I am at your disposal.
Best regards,
Mia Schulz, Attorney at Law
