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BGB 90a Animals are not things . They are protected by special statutes . They are governed by the provisions that apply to things , with the necessary modifications , except insofar as otherwise provided .
BGB 166. 2 If , in the case of a power of agency granted by a legal transaction ( authority ) , the agent has acted in compliance with certain instructions given by the principal , then the latter may not invoke the lack of knowledge of the agent with regard to circumstances of which the principal himself knew . The same rule applies to circumstances which the principal ought to have known , insofar as constructive notice is equivalent to knowledge .
BGB 312d. 4 Unless otherwise specified , the right of revocation does not exist for distance contracts for the supply of goods produced according to customer specifications or clearly tailored to personal needs or which , by reason of their quality , are not suitable for return or may spoil quickly or whose expiration date would be exceeded , for the delivery of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer , for the delivery of newspapers , periodicals and magazines , unless the consumer has given his contractual acceptance by telephone , for the rendering of betting and lottery services , unless the consumer has given his contractual acceptance by telephone , which are entered into in the form of auctions ( section 156 ) , the subject matter of which is the supply of goods or the rendering of financial services whose price is subject to fluctuations on the financial market over which the entrepreneur has no influence and which may occur within the revocation period , including in particular services in connection with shares , dividend coupons which are issued by an investment management company or a foreign investment company , and other tradeable securities , foreign currency , derivatives or money market instruments , or , for the rendering of telecommunications-aided services rendered directly by telephone or fax at one time at the request of the consumer insofar as these are not financial services .
BGB 444 The seller may not invoke 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 of the quality of the thing .