Unfair terms and conditions clauses - CHIP interviews certified lawyer Hagen Hild

Publication date: 10/02/2012

34988 times read
 :: 20437 Votes  

Do you really think that Apple, Facebook and 1&1 have nothing in common? They do – unfair terms and conditions clauses. CHIP has revealed together with lawyer Hagen Hild those cases.

Category: General Terms Law, Amazon, eBay Law, Long Distance Sales Act, Consumer Law, lawfirm.biz intern, Interviews, social network service, Facebook, Telecommunication law

Galileo - the popular science magazine on ProSieben

Publication date: 02/02/2012

49394 times read
 :: 29217 Votes  

Certified lawyer Julian N. Modi, LL.M., supports Galileo – a popular science magazine on ProSieben – about the topic „Legal mistakes on the Internet".

Category: lawfirm.biz intern, Interviews, Copyright Law, Consumer Law, Advertising Law, Internet Law, File Sharing, Long Distance Sales Act, social network service, Facebook

Perfidiousness within online offers – Chip interviews lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property

Publication date: 13/09/2011

26652 times read
 :: 17880 Votes  

PayPal blocks against the sales within Kuba, Zalando obliges frequently returning buyers to pay in advance. Chip interviews lawyer Hagen Hild, certified lawyer in IT Law and in Protection of Industrial Property about that topic.

Category: Internet Law, General Terms Law, Power of Revocation, lawfirm.biz intern, Interviews, Law on Sales, Consumer Law, Long Distance Sales Act

Assemble and removal costs regarding replacements of defective sales items must be paid by the seller

Publication date: 13/07/2011

23341 times read
 :: 11051 Votes  

Judgement of EuGH (European Court of Justice) of 16/06/2011, file number: C-65/09, C-87/09

In case that the consumer assembles a defective item in good faith in the efficiency for its intended purposes, the seller has to bear with the removal costs of the defective item and the costs of the installation of the replacement item as part of his guarantee obligation. In case that the caused costs have no relation to the value of a free of defects item, the liability of the seller may be limited to a reasonable amount.

Category: Internet Law, Long Distance Sales Act, Law on Sales, Consumer Law, Top Decisions, Entscheidungen

Credit- and cash cards fees settled by airlines are not permitted

Publication date: 25/10/2010

31294 times read
 :: 17186 Votes  

Judgement of BGH (Supreme Court) of 20/05/2010, file number: Xa ZR 68/09

a) Following clause, found in the general terms and conditions of an airline, which offers its services almost exclusively as distant sales, has been reviewed:

“Since security and administrative costs have increased, Ryanair will not accept any cash payments for the tickets, fees and costs for the excess luggage and sport equipment.”

b)  Following clause of the general terms and conditions of a company of that kind disadvantages the passenger inappropriately, contrary to the principle of equity and good faith and is, therefore, invalid:

"(1) credit card fee per...

Category: General Terms Law, Long Distance Sales Act, Consumer Law, Unfair Competition Law, Entscheidungen

The right of withdrawal in case of railway tickets sale on the Internet

Publication date: 30/07/2010

24774 times read
 :: 13640 Votes  

Judgement of OLG Frankfurt / Main (Higher Regional Court Frankfurt / Main) of 15/04/2010, file number: 6 U 49/09

Consumers have basically a right of withdrawal from distance contracts.  This excludes, however, and according to § 312 b paragraph 3 BGB (German Civil Code) services related to carriage in case that this service should be provided within a defined period. With this exceptional rule, entrepreneurs should not be disproportionately burdened. In case that a buyer purchases a train ticket over the Internet and he has the possibility to make two single train journeys with this ticket within 11 weeks, than this exceptional rule would be...

Category: Internet Law, Long Distance Sales Act, Law on Sales, Power of Revocation, Consumer Law, Entscheidungen

Total price indication shall include the incurred booking fees

Publication date: 13/07/2010

18282 times read
 :: 11712 Votes  

Judgement of LG Düsseldorf (Regional Court Düsseldorf) of 03/02/2010, file number: 12 O 173/09

An online travel portal, as a mediator of flights, must indicate the total price of a flight including any applicable booking fees, as soon as the price is indicated as “total price”. A small asterisk note is not enough if the fees are not transparently specified.

Category: Internet Law, Long Distance Sales Act, Unfair Competition Law, Price Quotation, Consumer Law, Entscheidungen

Regional Court Hamburg: Amazon offends against the fixed book prices

Publication date: 30/04/2010

15827 times read
 :: 9939 Votes  

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.

Category: Abmahnung Rechtsmissbrauch, Internet Law, Long Distance Sales Act, Duty to Inform, Amazon, Entscheidungen

Leading decision: The independent freelance as a consumer according to § 13 BGB (German Civil Code)

Publication date: 02/10/2009

187436 times read
 :: 22964 Votes  

Press release of BGH (Federal Supreme Court) No 200/09 about the judgement of 30/09/2009, file number: VIII ZR 7/09

The Federal Supreme Court has decided in a leading decision about the possibility for natural people, who can appeal as consumers as well as entrepreneurs due to freelance activity, to rely on the consumer protection rights. The consumer quality and the resulting rights may be denied only if the action is without doubt objectively recognized as an exclusively commercial action. If the private sphere of the legal business cannot be excluded, the consumer protections rights should be applied. Sellers should prepare for the fact that also...

Category: Internet Law, eBay Law, Long Distance Sales Act, Power of Revocation, Consumer Law, Unfair Competition Law, Press Releases, Entscheidungen

"Within 24 hours" is not delusive

Publication date: 01/09/2009

31091 times read
 :: 22527 Votes  

Judgement of OLG Hamm (Higher Regional Court Hamm) of 04/06/2009, file number: 4 U 19/09

The judges in the OLG Hamm have decided that the advert statement of the seller assuring "original printer cartridges within 24 hours" is not delusive if the advertisement is linked with another web page on which will be informed that for a delivery within 24 hours a suitable order must have be settled at the latest 16.45 o'clock.

Category: Internet Law, Long Distance Sales Act, Law on Sales, Unfair Competition Law, Entscheidungen

Returned goods only with original packaging?

Publication date: 17/07/2009

23498 times read
 :: 15494 Votes  

Judgement of OLG Hamm (HRC Hamm) of 10/12/2004, file number: 11 U 102/04

The seller cannot require the return of the product in the original packaging under use of the return adhesive label and returning certificate. The buyer merely obliges to pack the purchased good protecting it against typical transport dangers. Also a bulk discount and stock delivery reservation of “rare top wines” are illegal, § 307 BGB (German Civil Code).

Category: General Terms Law, Long Distance Sales Act, Law on Sales, Power of Revocation, Consumer Law, Internet Law

Looking forward to new colours

Publication date: 30/03/2009

18212 times read
 :: 12361 Votes  

Decision of LG Coburg (Regional Court Coburg) of 27/02/2009, file number: 33 S 102/08

The one, who orders from catalogue selling, may trust on the fact that goods will be delivered as ordered. If the mail-order firm is not able to do this, it vouches for the customer for damages. Then he can require expenditure substituted which he has made relying upon the delivery. Condition: They are "in vain" for him because of the non-delivery.

Category: Internet Law, Long Distance Sales Act, Liability, Consumer Law, Press Releases, Entscheidungen

Right to refund instead of right of withdrawal

Publication date: 25/03/2009

22710 times read
 :: 14424 Votes  

Decision of LG Düsseldorf (Regional Court Dusseldorf) of 20/11/2008, file number: 38 O 61/08

The right of withdrawal can be substituted with a right to refund concerning the sales in an Internet platform. Indeed, neither the legal regulation §356 paragraph 1 BGB (German Civil Code) nor the consumer protection regulations reveals the need to advise of it on the conclusion of the contract.

Category: Internet Law, eBay Law, Long Distance Sales Act, Law on Sales, Power of Revocation, Entscheidungen

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