Illegal banking conditions regarding prepayment penalties

Publication date: 04/09/2013

1310 times read
 :: 727 Votes  

Judgement of OLG Frankfurt a.M. (Higher Regional Court Frankfurt a.M.) of 17/04/2013, file number: 23 U 50/12

Clauses in the terms and conditions of banks regarding the use of lump-sum fees for the calculation of prepayment penalties or non-acceptance of compensation for loans are not permitted.

Category: Entscheidungen, Judgements, General Terms Law, Consumer Law

teltarif.de interviews certified lawyer Hagen Hild

Publication date: 06/03/2013

5901 times read
 :: 2626 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

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

Publication date: 10/02/2012

8175 times read
 :: 3446 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

10048 times read
 :: 5228 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

Vodafone printed invoice costs € 1.50 since February

Publication date: 31/01/2012

5428 times read
 :: 2561 Votes  

teltalrif.de interviews certified lawyer Hagen Hild about the topic: „Vodafone printed invoice costs € 1.50 since February“.

Category: General Terms Law, Telecommunication law, lawfirm.biz intern, Interviews, Consumer 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

6440 times read
 :: 3997 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

New EU Toys Directive

Publication date: 12/07/2011

6048 times read
 :: 3013 Votes  

The Member States hat time until January 20, 2011 to implement the new directive 2009/48/EC of the European Parliament and of the Council on the safety of toys – these implementing regulations should be applied from July 20, 2011. We have compiled for you the important innovations mentioned in the toys directive and also in the second regulation of the equipment and product security law and which should be followed by manufactures and online sellers.

Category: Unfair Competition Law, Consumer Law, Warning letter, Article, General Terms Law, lawfirm.biz intern

Recent developments of Internet criminal law 1/2011 – part 1/3

Publication date: 04/07/2011

8845 times read
 :: 4466 Votes  

According to the recently published police criminal statistics of the year 2010, the number of the recorded crimes regarding computer and Internet criminality has continued to grow strongly. 60.000 cases have been known last year, 20 percent more than a year before. The estimated high number of unknown and not registered crimes should not be underestimated. The increasing number of criminals feel safe from the law within the supposedly anonymous “legal vacuum” Internet.

Category: Article, Internet Law, Internet Penal Law, Telecommunication law, General Terms Law, Data Protection, Consumer Law, Entscheidungen

Challenges to the legal conformities of a mobile website on the internet

Publication date: 08/06/2011

9554 times read
 :: 5958 Votes  

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. 

Category: Internet Law, Imprint, Duty to Inform, M-Commerce, Telecommunication law, Unfair Competition Law, General Terms Law, Data Protection, Article, Entscheidungen

Special price offer cannot depend on down-payments

Publication date: 16/05/2011

5240 times read
 :: 3176 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

Is alternative delivery without notification possible?

Publication date: 11/03/2011

9455 times read
 :: 2737 Votes  

Judgement OLG Köln (Higher Regional Court Cologne) of 02/03/2011, file number: 6 U 165/10

A clause in the general terms and conditions of a parcel and postal service provider, which allows an alternative delivery is not admissible without the inclusion of a commitment, which assures that the addressee will be informed about the alternative delivery.

Category: General Terms Law, Consumer Law, Top Decisions, Entscheidungen

SIM card may be blocked by the mobile operator when the account is in arrears of over € 75

Publication date: 21/02/2011

5386 times read
 :: 2196 Votes  

Press release of BGH (Supreme Court) No. 31/2011 about the judgement dated 17/02/2011, file number: III ZR 35/10

The clause on the general terms and conditions of a mobile operator stating that the SIM card will be blocked as soon as the customer has an outstanding payment of € 15.50, disadvantages the customer in an inappropriate manner. According to the legal regulation regarding the fixed network connection (§ 45k para. 1 TKG – German Telecommunication Act) a SIM card should not be blocked before the customer has an outstanding payment of over € 75.

Category: Telecommunication law, Consumer Law, General Terms Law, Press Releases, Entscheidungen

“Advertising material and flat rental fee” of a car dealer

Publication date: 14/02/2011

4426 times read
 :: 2761 Votes  

Judgement of BGH (Supreme Court) of 13/01/2011, file number: III ZR 78/10

If a vehicle owner commissioned a car dealer for a commission with the sale of his vehicle, he must not pay an additional fee for the allocation and advertising of the vehicle. A contractual agreement to that effect is invalid, since it disadvantages the contractor unreasonably. He does not receive anything in return, the expenses for the successful presentation serve the interest of the dealer to come quickly to mediation and these are already included in the commission.

 

Category: General Terms Law, Consumer Law, Law on Sales, Entscheidungen

Certified lawyer Hagen Hild as a lecturer in IT Law at the University of Augsburg

Publication date: 27/01/2011

7669 times read
 :: 5274 Votes  

In the two-day event “IT Law – organise and manage contents, communication and business legally steady on the Internet” within the lecture series “JuraBasics – Law for non-lawyers” of the University of Augsburg, certified lawyer Hagen Hild will impart practise-oriented knowledge. Lawyer Hild is a certified lawyer in IT-Law and in Protection of Industrial Property and daily advises clients in this area for almost 10 years. The event will take place on Friday 16/07 and Saturday 17/07 from 9 am to 5:30 pm.

Category: lawfirm.biz intern, IT Law, Internet Law, eBay Law, General Terms Law, Advertising Law, Unfair Competition Law

Slap for 1 & 1 – Higher Regional Court Koblenz declares many terms and conditions clauses invalid

Publication date: 25/10/2010

2817 times read
 :: 1790 Votes  

Judgement of OLG Koblenz (Higher Regional Court Koblenz) of 30/09/2010, file number: 2 U 1388/09

In a recent judgement, the Higher Regional Court has dealt with the general terms and conditions of a provider of web hosting contracts.

Thus, hereafter, a clause is particularly ineffective. This states that an alteration of the contract with the user of the terms could be possible if this is reasonable for the customer and the costumer does not disagree. The limitation that the alteration of the contract must be “reasonable” for the parties is too vague.

Category: Warning letter, Abmahnkosten, General Terms Law, Entscheidungen

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

Publication date: 25/10/2010

13129 times read
 :: 5670 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

Our terms and conditions also in FOCUS Magazine

Publication date: 23/08/2010

13563 times read
 :: 8274 Votes  

The computer magazine CHIP recently published our large terms and conditions test, in which lawyer Hagen Hild (Terms and Conditions Law) and lawyer Martin Bachmann (Privacy Policy) examined dozens of terms of use, licence agreements and privacy policies of the major providers such as Microsoft, Google and Facebook. This study has now been mentioned in the FOCUS magazine.

Category: lawfirm.biz intern, Interviews, General Terms Law, Data Protection, Internet Law, IT Law, Consumer Law

CHIP – important Terms and Conditions Check with lawyer Hild

Publication date: 06/08/2010

72437 times read
 :: 10293 Votes  

Important Terms and Conditions Check and interview with lawyer Hild in the CHIP September 2010 edition

“Im AGB-Dschungel” (“In the jungle of Terms and Conditions”) is the title of the wide terms and conditions check of CHIP. The law firm Hild & Colleagues has checked, for the well-known computer magazine CHIP, hundreds of pages containing terms and conditions, terms of use, licence agreements and privacy policies in the field of Internet and IT. The law firm has also legally tested numerous clauses for CHIP. For this purpose, certified lawyer Hagen Hild (certified lawyer in IT-Law and certified lawyer in Protection of Industrial Property) has analysed...

Category: lawfirm.biz intern, Interviews, General Terms Law, Data Protection, IT Law, Internet Law, Consumer Law

Delivery damages notice does not need to be in writing

Publication date: 21/06/2010

2494 times read
 :: 1350 Votes  

Judgement of OLG Köln (Higher Regional Court Cologne) of 27/04/2010, file number: 3 U 160/09

The delivery company DHL may not provide in his terms and conditions that customers must give notice in writing in case of (partial-) loss or damage within seven days after delivery. This clause excludes inadmissibly writings such e-mail or fax. Additionally, the clause clears insufficiently up, that to meet the deadline, timely sending of the damage notice shall suffice.

Category: General Terms Law, Consumer Law, Entscheidungen

Unbelievable, the invoice is legitimated!

Publication date: 12/10/2009

9629 times read
 :: 3223 Votes  

Judgement of LG Düsseldorf (Regional Court Dusseldorf) of 28/08/2009, file number: 38 O 34/09

In a community of registered consumers, the invoices for the use of the network are charged after being informed about a change in the general terms and conditions which allows the chargeability. For the dishonesty of this demand it is not enough that this is based in a contract which is created by unfair methods. Through the sending of the unjustified demand, also the consumer has been used in his lack of experience or gullibility or in a dilemma.

Category: Consumer Law, General Terms Law, Internet Law, Suscription Trap, Entscheidungen
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