teltarif.de interviews certified lawyer Hagen Hild

Publication date: 06/03/2013

37427 times read
 :: 21237 Votes  

teltarif.de interviews on February 27, 2013 certified lawyer Hagen Hild about the topic: “Kabel BW:  is a price adjustment clause in the Terms and conditions legally effective?”.

Category: General Terms Law, Industrial Property Protection, lawfirm.biz intern, Interviews, Telecommunication law, Unfair Competition Law, Price Quotation, Economy + Labour & Taxes

Special price offer cannot depend on down-payments

Publication date: 16/05/2011

19142 times read
 :: 12375 Votes  

Judgement of LG Darmstadt (Regional Court Darmstadt) of 06/04/2011, file number: 25 S 162/10

Following clause of the terms and conditions “The special price is only valid with full payment at the shipping and billing date. In case of late or incomplete payment, the special price is not longer valid” has been declared invalid by the Regional Court Darmstadt. First, the term “billing” is too vague. For the customer is not clear whether this date refers to the invoice date or to the delivery date. Additionally, the statutory right of retention of the customer is so limited through the clause that an exclusion of the...

Category: General Terms Law, Consumer Law, Price Quotation, Entscheidungen

Total price indication shall include the incurred booking fees

Publication date: 13/07/2010

18825 times read
 :: 12076 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

Kraft has snitched – Summary proceedings against coffee roasters because of price agreements

Publication date: 15/01/2010

35786 times read
 :: 22061 Votes  

As the Federal Cartel Office has informed, the food giant Kraft Food Deutschland GmbH provided with essential information in the preliminary proceedings against the three most important German coffee roasters; Melitta, Dallmayr and Tschibo. Just before Christmas, the Federal Cartel Office imposed a fine of 160 million euro to the three coffee roasters.

Category: Entrepreneurial Activity, Anti-Trust Law, Celebrities, Consumer Law, Unfair Competition Law, Price Quotation, Food Law, Entscheidungen

Battle for the milk price

Publication date: 18/11/2009

13544 times read
 :: 8822 Votes  

Decision of OLG Dusseldorf (Higher Regional Court) of 09/09/2009, file number: VI-Kart 13/08 (V)

Within the scope of the milk price offensive is illegal, concerning anti-trust law, to call for boycott of the dairies which were supplied with raw milk. It is forbidden to call other enterprises, here other farmers, with the intention for block the delivery to unfairly damage in the competition certain third enterprises, the dairies. The publication of circulars and statements to the press support the boycott, while they do not limit themselves to the bare shifting of information.

Category: Anti-Trust Law, Unfair Competition Law, Price Quotation, Entscheidungen

Listing of the shipping costs on price search machines

Publication date: 20/07/2009

30666 times read
 :: 23528 Votes  

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.

Category: Internet Law, Law on Sales, Consumer Law, Duty to Inform, Unfair Competition Law, Price Quotation, Press Releases, Entscheidungen

T-Mobile - XtraPac

Publication date: 10/06/2009

20079 times read
 :: 13488 Votes  

Judgement of BGH (Federal Supreme Court) of 05/11/2008, file number: I ZR 5/06

If the sales of a mobile phone are promoted together with a prepaid card including a fix start credit, there is no obligation to state the rates for the use of the card, but the package price regarding the mobile phone and the prepaid card. If the mobile phone is locked with a SIM, the durability of the locking and the expenses in case of a premature connection should be made known.

Category: Telecommunication law, Consumer Law, Advertising Law, Unfair Competition Law, Price Quotation, Entscheidungen

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