Berlin (ots) – On January 1st, 2022, numerous legal changes in sales law came into force: In addition to a completely new digital sales law, the statutory provisions on material defects, subsequent performance and reversal of the burden of proof were changed. Entrepreneurs who sell goods or offer services to consumers now have to adapt contracts, terms and conditions and product descriptions accordingly. Lawyer Alex Goldberg is a partner at the IT law firm GAP Rechtsanwälte and explains what needs to be done now:
The reason for the legal changes is the implementation of two EU directives. The aim of these guidelines is to harmonize sales law within the EU more closely and to meet the requirements of contracts in a digital world.
The changes mainly affect consumer goods law, i.e. contracts between entrepreneurs and consumers. But innovations such as the update obligation also have an impact on digital products in the relationship between manufacturers and suppliers. Consumer rights are being further strengthened at the expense of entrepreneurs, which is particularly noticeable when selling used goods or B-goods, in online trading and when selling digital goods.
Entrepreneurs should therefore familiarize themselves with the new regulations and thoroughly check their legal texts (terms and conditions, revocation, contracts, etc.). Innovations such as the extension of the deadline for reversing the burden of proof from six months to one year or the statutory requirement that supplementary performance must be provided when the customer draws attention to a defect must also be taken into account in the operational processes and employees must be trained accordingly.
Attorney Alex Goldberg: “Since this is the most extensive revision of sales law in 20 years, entrepreneurs should urgently seek advice from specialized lawyers and revise their terms and conditions. This is the only way to avoid claims for damages, warnings or other nasty surprises.”