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With the growing number of Smartphone users is also increasing the interest from companies to remain present in the mobile business. Applications for mobile phones - so-called apps - are already an important economic factor, which should not be underestimated. Through these apps, it is possible more than order rail tickets through mobile phones, full web pages are optimized for Smart phones including complete ordering processes. As in ecommerce, numerous statutory duties must be considered by those companies.
Judgement OLG Hamm (Higher Regional Hamm) of 01/02/2011, file number: I-4 U 196/10
Online shops operators have to specify on their website the delivery costs to each supplying country. An indication on the website stating that the customer will be notified on request about the actual shipping prices is not enough.
The German Ordinance on the duty to inform of the service companies (DL-InfoV) came into force on May 17, 2010. DL-InfoV applies for all service companies and IT-freelancers and involves numerous new duties to inform. You may read the article written by certified lawyer Hagen Hild about this topic for the “IT Freelancer Magazin” on the February / March edition.
Judgement of LG Hamburg (Regional Court Hamburg) of 19/01/2010; file number: 310 O 258/09
Amazon has to make sure that books with fixed prices have a quoted price which is not lower that the fixed retail price. Even if such control of such a large amount of books would be related with huge effort, Amazon should accept it to maintain the fixed book prices on its portal.
Judgement of OLG Frankfurt am Main (Higher Regional Court Frankfurt/Main) of 23/10/2008, file number: 6 U 139/08
The provider of an internet portal for free anonymous classified ads is obliged to announce the name and address of the commercial suppliers. No big measures are necessary. It is enough to inform the supplier about the imprint duty before filling his ad in order not to infringe against the unfair competition law.
Judgement of BGH (Federal Supreme Court) of 16/07/2009, file number: I ZR 140/07
The Federal Court of Justice has decided that dispatch dealers also have to state the shipping costs when setting their products on so-called price search machines. Otherwise they would offend against the price regulation.
Decision of LG Frankfurt / Main (Regional Court Frankfurt/Main) of 27/04/2009, file number: 3-06 O 1/09
The judges in the Regional Court Frankfurt have decided that merely the hint of the ebay shop seller, assuring that the stove on sale has been covered with stove blacking, is not enough to disclose the effectiveness of the stove. Knowing that the stove blacking can indeed come off and can smell after firing, a usual potential buyer cannot conclude that the stove does not work at all.
Judgement of OLG Hamm (HRC Hamm) of 02/04/2009, file number: 4 U 213/08
Once again a court finds out that the absence of specifications in the imprint of a web page, as for example specifications to the trade register or to the sales tax number, are reasons to warn the website operator. Such reprimandable competitive offence is no bagatelle since; thereby, the consumer misses indications which he needs in case of possible appearing problems.
