german E-Commerce Market - legal aspects

1. information obligations

2. legal written warning

3. Consumer in Germany / consumer expectation

german E-Commerce Market - legal aspects1. information obligations

➢ pre- and postcontractual information obligations in distance contracts

➢ Imprint➢ general terms and conditions➢ right of withdrawal➢ „button“ - solution➢ data protection declaration

german E-Commerce Market - legal aspectsthe identity of the trader = Imprint / site notice

it is required that the identity of the trader is

➢easy to recognize

➢directly accessible

➢available at any time

german E-Commerce Market - legal aspects1. Online Disoute Resolution (ODR) - www.ec.europa.eu/consumers/odr

➢ settlement of the ODR-platform

2. Alternative Dispute Resolution (ADR)➢ regulates the work of the ADR entities

Retailers are obliged to keep their

customers informed.

https://www.haendlerbund.de/en/downloads/infografic-course-online-dispute-resolution.pdf

german E-Commerce Market - legal aspectsclear & transparent information on

➢ product

➢ price

➢ shipping costs

➢ payment methods

➢ labeling (e.g. textiles, electrical devices)

german E-Commerce Market - legal aspects

Design of the

order summary page

and

“button”-solution

german E-Commerce Market - legal aspectsfailure to comply with information obligations has an effect on:

1. the period of the right of withdrawal

2. the contract

➢ without the obligation to pay-Button

➢ label „confirm order“ or “send order” is illegitimate

notice: the „Button“ - solution is applicable in all European Countries since 13.06.2014.

german E-Commerce Market - legal aspects2. legal written warning - legislative basis:

➢ UWG (fair trade law) → legal prohibition of unfair competition➢ violation of consumer rights (e.g. obligation of information, right of withdrawal, etc.)➢ illegitimate terms in terms and conditions➢ missing information on freight or postal charges➢ missing information on the total price / basic charge price➢ misleading advertising➢ violation of labelling requirements (e.g. textiles, electrical devices, cosmetics, food)➢ violation of intellectual property rights➢ violation of trademark rights (e.g. abuse of the prominence of the trademark „Puma“)

german E-Commerce Market - legal aspectspossible legal solutions:

➢merchant signs declaration to cease and desist and pays the costs (depend on the degree of infringement)

➢ parties come to a mutual settlement

➢ case goes to court

➢ costs of the legal warning depend on the infringement of the law

➢ every third merchant was affected by a legal warning in 2014

german E-Commerce Market - legal aspectsfacts & figures 2016

➢ number of written warnings is increasing➢ every fifth retailer received a written warning

➢ the average costs of a written warning is more than 500 €

german E-Commerce Market - legal aspects3. Consumer in Germany / consumer expectation

➢demanding, critical, knows about his legal rights➢detailed informations ➢security and safe shopping ➢quick and easy check out ➢high level of customer service ➢fast delivery ➢acceptable methods of payment

➢payment by invoice➢payment via PayPal➢guarantees maximum consumer protection➢first the goods, then the money

german E-Commerce Market - legal aspectscomparison platforms

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Annegret Mayer

Attorney, LL.M ; Head of legal department

ArcusPark/Torgauer Str. 233 Haus B, 04347 Leipzig

Telefon: 0341/ 926 59 0

Telefax: 0341/ 926 59 100

E-Mail: info@haendlerbund.de

Internet: www.haendlerbund.de