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BGB 276. 1 The obligor is responsible for intention and negligence , if a higher or lower degree of liability is neither laid down nor to be inferred from the other subject matter of the obligation , including but not limited to the giving of a guarantee or the assumption of a procurement risk . The provisions of sections 827 and 828 apply with the necessary modifications .
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 .
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 .
BGB 312c. 3 In the case of financial services , the consumer may demand at any time in the duration of the contract that the entrepreneur provides him with the terms of the contract , including the standard business terms , in a document .