Delivery of Goods and Provision of Digital Content or Service
Goods must be delivered without undue delay and in any event not later than 30 days after the conclusion of the contract, unless the seller and the buyer have agreed on a specific time of delivery or agreed that the goods must be delivered on demand or without delay. The seller is not responsible to relinquish possession of the goods before the buyer pays the purchase price unless the buyer has been granted credit or a time for making the payment. Digital content or service must be provided to the buyer without undue delay after the conclusion of the contract.
The delivery of goods takes place when the buyer has gained possession of the goods. Unless otherwise agreed, the goods shall be held available to the buyer for collection at the place where the seller had its place of business at the time of the conclusion of the contract. If the seller did not have a place of business relevant to the sale, the seller must send or transport the goods to the buyer. If the goods are to be installed or assembled by the seller at the buyer’s premises, they shall not, for purposes of the provisions on delay by the seller and relevant time for defectiveness, be deemed delivered until the seller has fulfilled said obligations. Correspondingly in the sale of goods including digital elements, the goods are not considered delivered until the digital content or service has been provided to the buyer or if the sale involves continuous provision of digital content or service during a longer period when the provision of the digital content or service has begun.
If the goods are transported by a carrier chosen by the seller, the risk of loss of or damage to the goods passes to the buyer when the buyer has gained possession of the goods.
Regarding digital content, the seller has fulfilled its obligation to supply the digital content or service provide when
digital content or the means to use or download it is at the disposal of the buyer or system chosen for this purpose by the buyer;
digital service has been made available to the buyer or system chosen for this purpose by the buyer.
The seller has the burden of proof that the digital content or service has been provided in the required way.