Division 8 Particular types of obligations

Title 1 Purchase, exchange

Subtitle 1 General provisions

Section 433 Contractual duties typical for a purchase agreement

(1) By a purchase agreement, the seller of a thing is obliged to deliver the thing to the buyer and to procure ownership of the thing for the buyer. The seller is to procure the thing for the buyer free from material defects and defects of title.

(2) The buyer is obliged to pay the seller the agreed purchase price and to accept delivery of the thing purchased.

Section 434 Material defects

(1) The thing is free from material defects if, upon the devolution of the risk, it conforms to the subjective requirements, the objective requirements and the assembly requirements set out in this provision.

(2) The thing conforms to subjective requirements if

The nature defined in sentence 1 no. 1 relates to, among other things, the type, quantity, quality, functionality, compatibility, interoperability and other features of the thing regarding which the parties have agreed requirements.

(3) Unless effectively agreed otherwise, the thing conforms to objective requirements if

The usual nature defined in sentence 1 no. 2 relates to, among other things, quantity, quality and other features of the thing, including its durability, functionality, compatibility and security. The seller is not bound by the public statements referred to in sentence 1 no. 2 (b) if the seller was not, and could not reasonably have been, aware of the public statement in question; if, by the time of conclusion of the contract, the public statement had been corrected in the same way as, or in a way comparable to how, it had been made; or if the decision to acquire the thing could not have been influenced by the public statement.

(4) Insofar as an assembly is to be performed, the thing will conform to assembly requirements if the assembly

(5) Delivery by the seller of a different thing is equivalent to a material defect.

Section 435 Defects of title

The thing is free of defects of title if third parties, in relation to the thing, can assert either no rights, or only the rights taken over in the purchase agreement, against the buyer. It is equivalent to a defect of title if a right that does not exist is entered in the Land Register.

Section 436 Public charges on plots of land

(1) Unless otherwise agreed, the seller of a plot of land is obliged to bear public services development charges and other municipal development charges for measures the construction of which began before the contract was concluded, irrespective of the point in time when they became payable.

(2) The seller of a plot of land is not liable for the land being free from other public levies and other public charges that are not suitable for entry in the Land Register.

Section 437 Rights of buyer in the case of defects

If the thing is defective, the buyer may, provided the prerequisites set out in the following provisions are met and unless otherwise specified,

Section 438 Limitation of claims for defects

(1) The claims cited in section 437 nos. 1 and 3 become statute-barred

(2) In the case of a plot of land the limitation period commences upon delivery of possession, in all other cases upon delivery of the thing.

(3) In derogation from subsection (1) nos. 2 and 3 and subsection (2), claims become statute-barred after the standard limitation period if the seller fraudulently concealed the defect. In the case governed by subsection (1) no. 2, however, claims are not statute-barred before the end of the period specified therein.

(4) The right of rescission designated in section 437 is subject to section 218. Notwithstanding the fact that a rescission is ineffective under section 218 (1), the buyer may refuse to pay the purchase price to the extent it would be entitled to do so on the basis of rescission. If the buyer makes use of this right, the seller may rescind the agreement.

(5) Section 218 and subsection (4) sentence 2 apply accordingly to the right to abate the price set out in section 437.

Section 439 Cure

(1) As cure the buyer may, at their choice, demand that the defect be remedied or that a thing free of defects be supplied.

(2) The seller is to bear all expenses required for the purpose of cure, in particular transport, workers’ travel, work and materials costs.

(3) Where the buyer has installed the defective thing, in keeping with its nature and its purpose, into some other thing or has attached it to some other thing before the defect became apparent, the seller is obliged, in the context of curing the defect, to reimburse the buyer for the expenses required for removing the defective thing and installing or attaching the repaired thing, or the thing free of defects that has been delivered.

(4) Without prejudice to section 275 subsections (2) and (3), the seller may refuse to provide the type of cure chosen by the buyer if this cure is possible only at disproportionate expense. In this connection, account is to be taken in particular of the value of the thing when free of defects, the significance of the defect and the question as to whether recourse could be had to the alternative type of cure without substantial detriment to the buyer. The claim of the buyer in this case is restricted to the alternative type of cure; the right of the seller to refuse the alternative type of cure as well, subject to the prerequisites set out in sentence 1, remains unaffected.

(5) The buyer is to make available the thing to the seller for the purpose of cure.

(6) Where the seller supplies a thing free of defects for the purpose of cure, the seller may demand the return of the defective thing in accordance with sections 346 to 348. The seller is to take back, at its cost, the thing that has been replaced.

Section 440 Special provisions on rescission and damages

Except in the cases governed by section 281 (2) and section 323 (2), it is not necessary to specify a period of time even if the seller has refused to carry out both types of cure under section 439 (4) or if the type of cure that the buyer is entitled to receive has failed or cannot reasonably be required of the buyer. A repair is deemed to have failed after the second unsuccessful attempt, unless in particular the nature of the thing or of the defect or the other circumstances lead to a different conclusion.

Section 441 Abatement of price

(1) Instead of rescinding the agreement, the buyer may, by declaration to the seller, abate the purchase price. The ground for exclusion under section 323 (5) sentence 2 does not apply.

(2) If the party of the buyer or the seller consists of more than one person, the abatement may be declared only by all or to all of them.

(3) In abating the purchase price, it is to be reduced in the ratio of the value that the defect-free thing would have had to its actual value at the time of conclusion of the contract. If required, the abatement is to be identified by way of an estimate.

(4) If the buyer has paid more than the abated purchase price, then the amount overpaid is to be reimbursed by the seller. Section 346 (1) and section 347 (1) apply accordingly.

Section 442 Knowledge of the buyer

(1) The rights of the buyer due to a defect are excluded if the buyer has knowledge of the defect at the time of conclusion of the contract. If the buyer has no knowledge of a defect due to gross negligence, the buyer may assert rights in relation to this defect only if the seller fraudulently concealed the defect or gave a guarantee as to the nature of the thing.

(2) A right entered in the Land Register is to be removed by the seller even if the buyer is aware of it.

Section 443 Guarantee

(1) If the seller, the producer or some other third party enters into obligation, in addition to their statutory liability for defects, by way of making a declaration or in relevant advertising that was available prior to the purchase contract being concluded or at the time of its conclusion, such obligation being in particular to reimburse the purchase price, to exchange the thing, to repair it or to provide services in this context should the thing not be of the nature as described in the declaration or in the relevant advertisement or should it not conform to other requirements than those concerning its freedom from defects as described in the declaration or in the relevant advertisement (guarantee), then the buyer will be entitled, upon the requirements for asserting the guarantee having been met, and notwithstanding the buyer’s statutory claims, to the rights under the guarantee in relation to the person who has given the guarantee (guarantor).

(2) To the extent that the guarantor gives a guarantee as to the thing being of a specified nature for a specified period (guarantee of durability), the presumption will be that a material defect that becomes apparent during the guarantee period triggers the rights under the guarantee.

Section 444 Exclusion of liability

The seller may not rely on an agreement that excludes or restricts the rights of the buyer with regard to a defect insofar as the seller fraudulently concealed the defect or gave a guarantee as to the nature of the thing.

Section 445 Limitation of liability in the case of public auctions

If a thing is sold in exercise of a security right at a public auction in which it is described as a pledge, the buyer only has rights in respect of a defect if the seller fraudulently concealed the defect or gave a guarantee as to the nature of the thing.

Section 445a Recourse of the seller

(1) Where a newly manufactured thing is sold, the seller may demand that the seller who sold the thing to them (supplier) reimburse them for the expenses they had to bear in relation to the buyer under section 439 (2), (3) and (6) sentence 2 as well as under section 475 (4) if the defect asserted by the buyer already existed upon the devolution of the risk to the seller or if the defect is based on a violation of the obligation to provide updates in accordance with section 475b (4).

(2) Where the rights designated in section 437 that the seller enjoys vis-à-vis their supplier are concerned, it is not necessary to fix the period of time regarding the defect asserted by the buyer, which would otherwise be necessary, if the seller was obliged to take back the newly manufactured thing sold by them because it is defective, or if the buyer has abated the purchase price.

(3) Subsections (1) and (2) apply accordingly to the claims of the supplier and of the other buyers in the supply chain vis-à-vis their respective sellers if the obligors are traders.

(4) Section 377 of the Commercial Code (Handelsgesetzbuch) remains unaffected.

Section 445b Limitation of recourse claims

(1) The claims to reimbursement of expenses specified in section 445a (1) are subject to a two-year limitation period after delivery of the thing.

(2) The claims of the seller against their supplier, as specified in section 437 and section 445a (1), for a defect in a newly manufactured thing sold become statute-barred at the earliest two months after the point in time at which the seller has satisfied the claims of the buyer.

(3) Subsections (1) and (2) apply accordingly to the claims of the supplier and of the other buyers in the supply chain vis-à-vis their respective sellers if the obligors are traders.

Section 445c Recourse in the case of contracts on digital products

Where the last contract in the supply chain is a consumer contract on the supply of digital products as defined in sections 327 and 327a, sections 445a, 445b and 478 are not to be applied. The provisions of Division 3 Title 2a Subtitle 2 take the place of the provisions not to be applied in accordance with sentence 1.

Section 446 Devolution of risk and of charges

The risk of accidental destruction and chance deterioration devolves to the buyer upon delivery of the thing sold. From the time of delivery, the emoluments of the thing accrue to the buyer and the buyer bears the charges on it. If the buyer is in default of acceptance of delivery, this is equivalent to delivery.

Section 447 Devolution of risk in the case of sales shipment

(1) If the seller, at the request of the buyer, ships the thing sold to another place than the place of performance, then the risk devolves to the buyer as soon as the seller has delivered the thing to the haulage contractor, forwarding agent or other person or body specified for carrying out the shipment.

(2) Where the buyer has given a particular instruction on the method of shipping the thing and the seller, without a pressing reason, does not adhere to this instruction, the seller is liable to the buyer for the damage arising therefrom.

Section 448 Costs of delivery and comparable costs

(1) The seller bears the costs of delivery of the thing, the buyer the costs of acceptance and of shipping the thing to a place other than the place of performance.

(2) The buyer of a plot of land bears the costs of the notarial recording of the purchase agreement and of the declaration of conveyance, the registration in the Land Register and the declarations necessary for registration.

Section 449 Retention of title

(1) If the seller of a movable thing has retained title until payment of the purchase price, then in case of doubt it is to be assumed that ownership is transferred subject to the condition precedent that the purchase price is paid in full (retention of title).

(2) As a consequence of the retention of title, the seller may demand the return of the thing only if they have rescinded the agreement.

(3) An agreement on retention of title is void to the extent that the devolution of ownership is made subject to the satisfaction by the buyer of third-party claims, in particular those of an enterprise associated with the seller.

Section 450 Excluded buyers in the case of certain sales

(1) When an object is sold by way of compulsory enforcement, the person instructed to carry out or manage the sale and the assistants used by that person, including the recording clerk, may not purchase the object to be sold either for themselves in person or through another person or as the agents of another person.

(2) Subsection (1) also applies to a sale other than by compulsory enforcement, if the order to sell the object has been given under a statutory provision authorising the mandator to have the object sold for the account of another person, in particular in the cases of a sale of a pledge, sale authorised by sections 383 and 385, and sale from an insolvency estate.

Section 451 Purchase by excluded buyer

(1) The effectiveness of a purchase made in violation of section 450 and of the transfer of the object purchased is subject to the approval of the person taking part in the sale as obligor, owner or obligee. Where the buyer requests a person taking part to make a declaration of ratification, section 177 (2) applies accordingly.

(2) If, as a result of refusal of ratification, a new sale is undertaken, then the earlier buyer is liable for the costs of the new sale and for an amount by which the proceeds of sale are reduced.

Section 452 Purchase of a ship

The provisions in this Subtitle on the sale of plots of land apply accordingly to the sale of registered ships and ships under construction.

Section 453 Purchase of rights, consumer contract on the purchase of digital content

(1) The provisions governing the purchase of things apply accordingly to the purchase of rights and other objects. The following provisions are not to be applied to a consumer contract on the sale of digital content by a trader:

The provisions of Division 3 Title 2a Subtitle 1 take the place of the provisions not to be applied in accordance with sentence 1.

(2) The seller bears the costs of creation and transfer of the right.

(3) If a right comprising the right to possession of a thing is sold, then the seller is obliged to deliver the thing to the buyer free of material defects and defects of title.

Subtitle 2 Special types of purchase

Chapter 1 Purchase on approval

Section 454 Coming into existence of the purchase agreement

(1) In a purchase on approval or on examination, approval of the object purchased is at the discretion of the buyer. In case of doubt, the purchase agreement is concluded subject to the condition precedent of approval.

(2) The seller is obliged to permit the buyer to examine the object.

Section 455 Approval period

An object purchased on approval or on examination may be approved only within the agreed period of time or, if no such period has been agreed, only before the end of a reasonable time limit specified by the seller for the buyer. If the thing was delivered to the buyer for the purpose of approval or examination, the buyer’s silence is deemed to constitute approval.

Chapter 2 Repurchase

Section 456 Coming into existence of the repurchase agreement

(1) If, in the purchase agreement, the seller has reserved the right of repurchase, the repurchase agreement comes into existence when the seller declares to the buyer that they are exercising the right of repurchase. The declaration is not subject to the requirements as to form laid down for the purchase agreement.

(2) In case of doubt, the price at which the object was sold also applies to the repurchase.

Section 457 Liability of the reseller

(1) The reseller is obliged to return to the repurchaser the purchased object with its accessories.

(2) If the reseller, before exercising the right of repurchase, was at fault for the deterioration or destruction of the purchased object or an impossibility of surrendering it that resulted in another way, or if the reseller materially altered the purchased object, they will be liable for the damage resulting from this. If the object deteriorated without the fault of the reseller or if it is only altered trivially, the reseller may not require the purchase price to be abated.

Section 458 Removal of third-party rights

Where the reseller alienated the purchased object before exercising the right of repurchase, the reseller is obliged to remove the third-party rights created by this. A disposition that is made by way of compulsory enforcement or enforcement of a seizure or by the insolvency administrator is equivalent to a disposition by the reseller.

Section 459 Reimbursement of outlays

The reseller may demand reimbursement for outlays they made on the purchased object before the resale to the extent that the value of the object is enhanced by the expenses. The reseller may remove an installation that they attached to the returnable thing.

Section 460 Repurchase at estimated value

If the estimated value of the object purchased at the time of repurchase is agreed as the repurchase price, the reseller is not responsible for the deterioration or destruction of the purchased object or an impossibility of surrendering it that resulted in another way, and the repurchaser is not obliged to reimburse the outlays made.

Section 461 More than one person entitled to repurchase

If more than one person jointly are entitled to the right to repurchase, the right may be exercised only in its entirety. If it has expired for one of the persons entitled or if one of them does not exercise their right, then the others are entitled to exercise the right of repurchase in its entirety.

Section 462 Cut-off period

The right of repurchase may be exercised, in the case of plots of land, only before the expiry of 30 years from the date of the agreement of the reservation, and in the case of other objects, only before the end of three years from that date. If a period of time is specified for the exercise of the right, this period replaces the statutory period.

Chapter 3 Preemption

Section 463 Prerequisites for exercise

A person entitled to the right of preemption in respect of an object may exercise the right as soon as the person obliged by it has concluded a purchase agreement relating to the object with a third party.

Section 464 Exercise of the right of preemption

(1) The right of preemption is exercised by declaration to the person obliged. The declaration is not subject to the requirements as to form laid down for the purchase agreement.

(2) When the right of preemption is exercised, the purchase comes into existence between the person entitled and the person obliged, subject to the terms that the person obliged agreed with the third party.

Section 465 Ineffective agreements

An agreement made by the person obliged with the third party, which provides that the purchase is subject to the non-exercise of the right of preemption or which reserves for the person obliged the right to rescind the agreement in the event that the right of preemption is exercised, is ineffective in relation to the person entitled to preemption.

Section 466 Collateral performance

If the third party has agreed in the contract to render an act of collateral performance that the person entitled to preemption is incapable of performing, the person entitled to preemption is to pay the value of the collateral performance instead of rendering it. If the collateral performance cannot be assessed in money, then the exercise of the right of preemption is excluded; the agreement to render collateral performance is not an available option, however, if the contract with the third party would have been concluded also without it.

Section 467 Total price

If the third party purchased the object which is subject to the right of preemption together with other objects at a total price, then the person entitled to preemption is to pay a proportionate part of the total price. The person obliged may demand that the preemption be extended to all things that cannot be separated without disadvantage to the person obliged.

Section 468 Deferral of the purchase price

(1) If the third party is granted deferral of payment of the purchase price in the contract, the person entitled to preemption may claim the deferral only if they provide security for the amount deferred.

(2) If a plot of land is the subject matter of the preemption, there is no need to provide security to the extent that there has been an agreement to create a mortgage on the plot of land for the deferred purchase price, or a debt for which a mortgage on the land exists has been assumed and credited towards the purchase price. This applies accordingly if a registered ship or ship under construction is the object of the right of preemption.

Section 469 Duty to notify, exercise period

(1) The person obliged is to inform the person entitled to preemption without undue delay of the contents of the contract concluded with the third party. Notice by the third party takes the place of the notice by the person obliged.

(2) The right of preemption for plots of land may be exercised only before the end of a period of two months after notice has been received, and the right of preemption for other objects only before the end of a period of one week after notice has been received. If a period of time is specified for exercise of the right, this period replaces the statutory period.

Section 470 Sale to heir on intestacy

The right of preemption, in case of doubt, does not apply to a sale that is made to an heir on intestacy with a view to a future right of succession.

Section 471 Sale in case of compulsory enforcement or insolvency

The right of preemption is excluded if the sale occurs by way of compulsory enforcement or from an insolvency estate.

Section 472 More than one person with a right of preemption

If the right of preemption jointly is held by more than one person, it may be exercised only in its entirety. If it has expired with regard to one of the persons entitled or if one of them does not exercise their right, then the others are entitled to exercise the right of preemption in its entirety.

Section 473 Non-transferability

The right of preemption is not transferable and does not devolve to the heirs of the person entitled to it unless otherwise provided. If the right is limited to a specific period, then, in case of doubt, it is inheritable.

Subtitle 3 Purchase of consumer goods

Section 474 Purchase of consumer goods

(1) Purchases of consumer goods are contracts by which a consumer buys goods (section 241a (1)) from a trader. A contract likewise will constitute a purchase of consumer goods where its subject matter comprises, in addition to the sale of goods, the provision of a service by the trader.

(2) The following provisions of this Subtitle apply supplementally to the purchase of consumer goods. This does not apply to second-hand goods that are sold at a publicly accessible auction (section 312g (2) no. 10) if clear and comprehensive information was made easily available to the consumer as to the provisions of the present Subtitle not applying.

Section 475 Applicable provisions

(1) Where no period of time has been determined for the respective performance to be rendered pursuant to section 433 and none can be inferred from the circumstances given, the obligee may only demand the rendering of such performance, in derogation from section 271 (1), without undue delay. In this case, the trader must deliver the goods at the latest 30 days after the contract has been concluded. The contractual parties may effect the respective performance immediately.

(2) Section 447 (1) applies subject to the proviso that the risk of accidental destruction and chance deterioration devolves to the buyer only if the buyer has instructed the haulage contractor, forwarding agent or other person or body tasked with carrying out the shipment and the trader has not previously named this person or body to the buyer.

(3) Section 439 (6) applies subject to the proviso that emoluments are not to be surrendered or to be substituted by their value. Sections 442, 445 and 447 (2) are not to be applied.

(4) The consumer may demand that the trader make advance payments towards the expenses the consumer will incur in the context of the cure pursuant to section 439 subsections (2) and (3) and that are to be borne by the trader.

(5) The trader is to effect the cure within a reasonable time limit from that point at which the consumer informed the trader of the defect, without causing any significant inconvenience to the consumer, whereby regard is to be had to the type of the goods and the purpose for which the consumer needs the goods.

(6) In the event of rescission or of compensation of damages instead of the full performance being rendered due to a defect of the goods, section 346 is to be applied subject to the proviso that the trader bears the costs of returning the goods. Section 348 is to be applied subject to the proviso that proof provided by the consumer as to the return shipment of the goods is equivalent to their return.

Section 475a Contract for the sale of consumer goods relating to digital products

(1) Section 433 (1) sentence 2, sections 434 to 442, section 475 subsection (3) sentence 1 and subsections (4) to (6), sections 475b to 475e and sections 476 and 477 on the rights in the case of defects are not to be applied to a contract for the sale of consumer goods that has as its subject matter a tangible medium serving exclusively as a carrier of digital content. The provisions of Division 3 Title 2a Subtitle 1 take the place of the provisions not to be applied in accordance with sentence 1.

(2) In the case of a contract for the sale of consumer goods relating to a good that incorporates or is inter-connected with digital products in such a way that the absence of those digital products would not prevent the goods from performing their functions, the following provisions are not to be applied with regard to those elements of the contract that pertain to the digital products:

The provisions of Division 3 Title 2a Subtitle 1 take the place of the provisions not to be applied in accordance with sentence 1.

Section 475b Material defect of a good with digital elements

(1) The stipulations of this provision apply supplementally to the purchase of a good with digital elements (section 327a (3) sentence 1), in the context of which the trader enters into obligation to supply the digital elements or to have them supplied by a third party. Section 327a (3) sentence 2 applies with regard to the question of whether the obligation of the trader comprises the supply of the digital content or of the digital services.

(2) A good with digital elements is free of material defects if, upon devolution of the risk and, with regard to an obligation to provide updates, also during the period defined in subsection (3) no. 2 and subsection (4) no. 2, it conforms to the subjective requirements, the objective requirements, the assembly requirements and the installation requirements.

(3) A good with digital elements conforms to subjective requirements if

(4) A good with digital elements conforms to objective requirements if

(5) Where the consumer fails to install an update that was supplied to them in accordance with subsection (4) within a reasonable time limit, the trader will not be liable for a material defect that has been caused solely by the lack of this update if

(6) Insofar as an assembly or an installation is to be performed, a good with digital elements conforms to

Section 475c Material defect of a good with digital elements where the digital elements are supplied on a continuous basis

(1) The stipulations of this provision apply supplementally if, in purchasing a good with digital elements, a continuous supply is agreed for the digital elements. Section 475b (4) no. 2 applies accordingly if the parties have not specified the duration of the supply.

(2) The trader will be liable, above and beyond what has been stipulated in sections 434 and 475b, also for the digital elements conforming to the requirements of section 475b (2) during the supply period, but at a minimum for a period of time of two years from the delivery of the good.

Section 475d Special provisions on rescission and compensation of damages

(1) In derogation from section 323 (2) and section 440, there is no need, in order to rescind a contract for a defect of a good, to set a period of time for the cure as stipulated in section 323 (1) if

(2) There is no need to set the period of time stipulated in section 281 (1) in the cases governed by subsection (1) for a claim to compensation of damages due to a defect of the good. Section 281 (2) and section 440 are not to be applied.

Section 475e Special provisions on limitation

(1) In the case of a continuous supply of digital elements as defined in section 475c (1) sentence 1, claims for a defect of the digital elements will not become statute-barred before 12 months have lapsed following the end of the supply period.

(2) Claims for a violation of the obligation to provide updates as defined in section 475b (3) or (4) will not become statute-barred before 12 months have lapsed following the end of the period in which the obligation to provide updates is given.

(3) Where a defect has become apparent during the limitation period, claims will not become statute-barred before four months have lapsed following the point in time at which the defect first became apparent.

(4) Where the consumer has handed over the good to the trader or, at the traders’s behest, to a third party for purposes of effecting the cure or of satisfying claims under a guarantee, the claims being asserted for the defect will not become statute-barred before two months have lapsed following the point in time at which the repaired or replaced good was handed over to the consumer.

Section 476 Deviating agreements

(1) The trader may not rely on an agreement made prior to the trader having been notified of a defect that deviates, to the disadvantage of the consumer, from sections 433 to 435, 437, 439 to 441 and 443 and from the provisions of this Subtitle. The requirements stipulated in section 434 (3) or section 475b (4) may be deviated from by a contract made prior to the trader having been notified of a defect, if

(2) The limitation of the claims cited in section 437 may not be eased by a legal transaction entered into prior to the trader having been notified of a defect if the agreement results in a limitation period of less than two years from the statutory commencement of limitation or, in the case of second-hand goods, of less than one year. The agreement is effective only if

(3) Notwithstanding sections 307 to 309, subsections (1) and (2) do not apply to the exclusion or restriction of the claim for damages.

Section 477 Shifting the burden of proof

(1) If, within one year after the devolution of the risk, the good’s lack of conformity to the requirements set out in section 434 or section 475b becomes apparent, the presumption will be that the good was already defective at the devolution of the risk, unless this presumption is incompatible with the nature of the good or of the defective state. This presumption applies for a period of six months after the devolution of the risk for the purchase of a live animal.

(2) Where the continuous supply of the digital elements has been agreed in the purchase contract for goods with digital elements and where the digital elements’ lack of conformity to the requirements set out in section 434 or section 475b becomes apparent in the course of the supply or within a period of two years after the devolution of the risk, the presumption will be that the digital elements were deficient over the course of their supply thus far.

Section 478 Special provisions concerning recourse by the trader

(1) Where the last contract in the supply chain is for the sale of consumer goods (section 474), then section 477 applies in the cases governed by section 445a (1) and (2), subject to the proviso that the period commences running upon the risk devolving to the consumer.

(2) The supplier may not rely on an agreement made before the supplier was notified of the defect that, to the disadvantage of the trader, deviates from subsection (1) as well as from sections 433 to 435, 437, 439 to 443, 445a (1) and (2) as well as from sections 445b, 475b and 475c if the obligee with the right of recourse is not granted equivalent compensation. Notwithstanding section 307, sentence 1 does not apply to an exclusion or restriction of the claim for damages. The provisions referred to in sentence 1 apply even if they are circumvented by other arrangements.

(3) Subsections (1) and (2) apply accordingly to the claims of the supplier and of the other buyers in the supply chain vis-à-vis their respective sellers where the obligors are traders.

Section 479 Special provisions for guarantees

(1) A declaration of guarantee (section 443) must be set out in simple and comprehensible terms. It must contain the following:

(2) The declaration of guarantee is to be provided to the consumer on a durable medium no later than at the point in time at which the good is delivered.

(3) Where the producer has guaranteed durability to the consumer, the consumer is entitled, at a minimum, to a claim to cure against the producer over the term of the guarantee such claim is provided for under section 439 (2), (3), (5) and (6) sentence 2 and section 475 subsection (3) sentence 1 and subsection (5).

(4) The effectiveness of the duty under the guarantee is not affected by the fact that one of the above requirements is not satisfied.

Subtitle 4 Exchange

Section 480 Exchange

The provisions governing purchase apply accordingly to exchange.

Title 2 Timeshare contracts, long-term holiday product contracts, brokerage contracts and exchange system contracts

Section 481 Time share contracts

(1) A timeshare contract is a contract by which a trader procures or promises to procure for a consumer the right, in return for the payment of a total price, to use a residential building several times for a period that is specified or to be specified, for the purposes of overnight stays, for the duration of more than one year. All extension possibilities provided for in the contract are to be taken into account when calculating the term of the contract.

(2) The right may be a right in rem or another right, and in particular also may be granted through membership of an association or a share in a company or partnership. The right may also consist of opting to use one of a group of residential buildings.

(3) A part of a residential building is equivalent to a residential building, as is a moveable thing or a part thereof intended as overnight accommodation.

Section 481a Long-term holiday product contract

A long-term holiday product contract is a contract for the duration of more than one year by means of which a trader procures or promises to procure for a consumer the right, in return for the payment of a total price, to receive price reductions or other benefits with regard to accommodation. Section 481 (1) sentence 2 applies accordingly.

Section 481b Facilitation contract, exchange system contract

(1) A brokerage contract is a contract by which a trader has a consumer promise them a fee for a demonstrable referral of the opportunity to conclude a contract or for facilitating a contract by which the rights of the consumer from a timeshare contract or a long-term holiday product contract are to be acquired or sold.

(2) An exchange system contract is a contract by which a trader has a consumer promise them a fee for a demonstrable referral of the opportunity to conclude a contract or for facilitating a contract by which individual rights of the consumer from a timeshare contract or a long-term holiday product contract are to be exchanged or acquired or sold by other means.

Section 482 Preliminary contract information, advertising and prohibition of sale as an investment

(1) In good time prior to the submission of the consumer’s declaration as to the conclusion of a timeshare contract, of a long-term holiday product contract, of a brokerage contract or of an exchange system contract, the trader is to provide to the consumer the pre-contractual information under Article 242 section 1 of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche) in text form. The pre-contractual information must be clear and comprehensible.

(2) Any advertising for such contracts is to state that pre-contractual information is available and where such information may be requested. In inviting to promotional or sales events, the trader is to clearly indicate the commercial nature of the event. At such events, the consumer is to be provided with access to the pre-contractual information at any time.

(3) A timeshare right or a right from a long-term holiday product contract may not be advertised or sold as an investment.

Section 482a Instructions on the right of withdrawal

The trader must inform the consumer in text form prior to conclusion of the contract of the right of withdrawal, including of the withdrawal period, as well as of the prohibition of advance payments under section 486. Receipt of the appropriate provisions of the contract is to be confirmed by the consumer in writing. The details have been provided for in Article 242 section 2 of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche).

Section 483 Language of the contract and of the pre-contractual information

(1) The timeshare contract, the long-term holiday product contract, the brokerage contract or the exchange system contract is to be drafted in the official language, or, where there is more than one official language, in the official language selected by the consumer of the Member State of the European Union or of the state that is a Contracting Party to the Agreement on the European Economic Area in which the consumer has their residence. If the consumer is a national of another Member State, then instead of the language of the state in which they have their residence, they may alternatively choose the official language or one of the official languages of the state of which they are a national. Sentences 1 and 2 also apply to the pre-contractual information and to the instructions on the right of withdrawal.

(2) If the agreement is to be recorded by a German notary, sections 5 and 16 of the Law on Attestations (Beurkundungsgesetz) apply subject to the proviso that the consumer is to be provided with a certified translation of the agreement in the language chosen by the consumer in accordance subsection (1).

(3) Contracts that do not comply with subsections (1) sentences 1 and 2 or subsection (2) are void.

来源：gesetze-im-internet.de，Bürgerliches Gesetzbuch (BGB)，German Civil Code — English translation（Book 2）。逐字收录原文，未作修改。德国法律依《著作权法》§ 5 Abs. 1 UrhG 不受著作权保护。