Power of Revocation

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.

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.

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...

As from June 11, 2010 new regulations of the German Civil Code are effective in the area of distant sales and e-commerce. Thereby, the withdrawal instruction sample becomes a law status. Besides, an “eBay clause” provides for the fact that in future also in the sales through the biggest Internet auctioneers, a withdrawal term of 14 days and regulations to the compensation for the lost value will be possible.

Judgement of OLG Hamm (Higher Regional Court Hamm) of 30/03/2010, file number: 4 U 212/09

Enterprisers may exclude efficiently the withdrawal right of the consumer within sales of software in distant selling regarding the unsealing of the delivered data carriers by the consumer. However, the merely opening of the cellophane wrap constitutes no unsealing, from the point of view of the Higher Regional Court Hamm, since the film has no seal-typical test and reflection functions. The cellophane film can rather serve other purposes, as for example, as soil protection.

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...

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).

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.