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=S=> BGB 312b. 1 Distance contracts are contracts for the supply of goods or the rendering of services , including financial services , which are entered into between an entrepreneur and a consumer solely by the use of means of distance communication , except where the entering into of the contract does not take place in the context of a sales or service system organised for distance sales . Financial services in the meaning of sentence 1 are banking services and services in connection with the granting of a credit , insurance , provision for old age for individuals , investment or payment .
=S=> BGB 312b. 2 Means of distance communication are means of communication which can be used to initiate or to enter into a contract between a consumer and an entrepreneur without the simultaneous physical presence of the parties to the contract , including without limitation letters , catalogues , telephone calls , faxes , emails , and radio , teleservices and media services .
=S=> BGB 312b. 3 The provisions on distance contracts do not apply to contracts relating to correspondence courses ( section 1 of the Correspondence Course Act [ Fernunterrichtsschutzgesetz ] ) , relating to time sharing of residential buildings ( section 481 ) , relating to insurance policies and their brokerage , relating to the disposal of plots of land and rights equivalent to real property , the creation , disposal and cancellation of real rights in plots of land and rights equivalent to real property and the erection of buildings , relating to the supply of food products , beverages or other household objects of everyday use which are supplied to the residence , place of abode or place of employment of a consumer by entrepreneurs in the course of frequent and regular rounds , relating to the rendering of services in the fields of lodging , transport , delivery of food and beverages as well as leisure activities , if the entrepreneur , when the contract is entered into , agrees to render the services at a specific time or within a precisely indicated period of time , that are entered into a)with the use of automatic vending machines or automated business premises , or b)with operators of means of telecommunications on the basis of the use of public telephones , to the extent that they have the use of the latter as their subject matter .
=S=> BGB 312b. 4 In the case of contractual relationships that consist of an initial agreement with transactions following upon it or a series of separate transactions following upon it of the same type that have a temporal connection , the provisions on distance contracts only apply to the first agreement . If such transactions follow one another without such an agreement , the provisions on the duties of an entrepreneur to provide information apply only to the first transaction . However , if no transaction of the same type occurs for longer than one year , the next transaction is deemed to be the first transaction of a new series within the meaning of sentence 2.
=S=> BGB 312b. 5 More extensive provisions regarding consumer protection remain unaffected .
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