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

Publication date: 10/02/2012

36319 times read
 :: 21143 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

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

27587 times read
 :: 18555 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

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

Publication date: 30/07/2010

25265 times read
 :: 13935 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

New withdrawal instruction from June 11, 2010

Publication date: 11/05/2010

13906 times read
 :: 8955 Votes  

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.

Category: Internet Law, Power of Revocation, Consumer Law, Article

Cellophane wrap is no seal

Publication date: 19/04/2010

41836 times read
 :: 19933 Votes  

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.

Category: Power of Revocation, Consumer Law, Unfair Competition Law, IT Law, Entscheidungen

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

Publication date: 02/10/2009

192044 times read
 :: 23435 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

Returned goods only with original packaging?

Publication date: 17/07/2009

23923 times read
 :: 15772 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

Right to refund instead of right of withdrawal

Publication date: 25/03/2009

23222 times read
 :: 14738 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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