Door-to-door

The doorstep selling is a legal term for contracts concluded in certain situations, mainly in a representative visit (see direct sales, travel industry, sales representatives, travelers and peddlers ) or on a coffee journey.

Germany

The Consumer Protection in Doorstep Selling is guaranteed under the European Community in accordance with Directive 85/577/EEC of the Council of 20 December 1985.

Implemented in German law defines this concept of law § 312, paragraph 1 of the Civil Code (BGB ) as a contract between a trader and a consumer who has a supply for consideration to the subject, and in the conclusion of the consumer

• Orally at his workplace or in an apartment ( but not in previous order)
• At a recreational event
• Following a surprising response in transport or in the range of publicly available traffic areas

Has been determined.

The consumer who concludes such a contract, according to § 312 para 1 BGB is a right of revocation according to § 355 BGB or, at the option of the entrepreneur, the right to return in accordance with § 356 BGB. These rights are in time bound; the period is usually two weeks, beginning with the delivery of a written notice concerning the return or cancellation, must meet certain legal requirements (see cancellation policy). The exception in § 355 paragraph 4 sentence 2 BGB against more common view is not for doorstep selling, but only for distance contracts under § 312 b BGB.

The reason for the special consumer protection in this case is that many of doorstep selling are characterized by a certain Überrumpelungseffekt: The client closes the business without adequate consideration from, especially without price comparison, often to the representative to do a favor or to get rid of him. Before such matching transactions concluded, the customer should be protected.

Exceptions:

• Insurance contracts
• Notarised contracts
• Consumer has ordered the representatives themselves
• Immediately provided and paid for services up to and including € 40

Switzerland

The legal situation in Switzerland regulate CO, article 40a -40g. The scheme is similar to that of Germany. A right is at the doorstep, offered for transport in products and coffee trips. Not valid, Articles for insurance contracts, if the purchase price is less than 100 CHF he has appointed himself the representative, signed the contract in a fair or if the customer is commercially with the goods.