193
=S=> BGB 241a. 1 The supply of unsolicited things or the provision of other unsolicited services to a consumer by an entrepreneur does not create a claim against the consumer .
=S=> BGB 241a. 2 Statutory claims are not excluded if the performance was not intended for the receiver or was made in the mistaken belief that there had been an order , and the receiver was aware of this or could have been aware of this if he had taken reasonable care .
=S=> BGB 241a. 3 Performance is not unsolicited if the consumer , instead of the performance ordered , is offered performance of equal value in quality and price , and it is pointed out to him that he is not obliged to accept it and does not have to bear the costs of return shipment .
=S=> BGB 241a.* ) Official note : This provision serves to implement Article 9 of Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts ( OJ L 144 , p . 19 ) .
|
