Internterecht http://www.ra-kotz.de 2011 - Questions and Answers
first Purchase contract with the Internet purchase - When is a contract?
a. If you order via a normal web site / web goods shop on the internet, we are of the order with only an offer to the operators of the website / online shop from (so-called "invitatio ad referendum"). This offer can accept or reject the operator or. If he declines the offer, no purchase contract.
b. In Internet auctions you are under the general terms and conditions of the operator from an offer that is accepted by time (maximum bid auction) or through immediate purchase from the seller. The seller has the obligation to the buyer the goods to sell at the auction price. Even in cases in which the seller in breach of contract cancels an auction, the winning bidder has a right to tell that the product is sold to him.
second Who bears the risk of loss of goods / products at sunset of shipment to the buyer?
a consumer buys from a seller of a movable object (= consumption goods), so the risk borne by the contractor, not the consumer that the goods arrive. If the goods are stolen or destroyed in transit, it must provide the contractor charged again. For sales contracts between consumers (eg, the Internet auction site eBay), the purchaser normally bears the risk of loss of goods. The seller has to prove only that he has dispatched the goods properly to the buyer (eg, detection of post-shipment).
third Withdrawal deadlines / return deadlines for Internet purchase: a. In a
Purchase agreement, the normal on a web / internet shop has been completed, the revocation / return with proper cancellation 14 days.
b. The revocation / return in Internet auctions (eg eBay) is also 14 days.
c. The cancellation or return policy does not lapse if the consumer has not been given due notice of this.
d. Widerrufs-/Rückgaberecht also applies to the purchase of used goods (eg cars) or if the goods are picked up in person to the seller. There is no withdrawal for unsealed disks, videos, new magazines, according to the goods Were manufactured to customer specifications or which are not suitable for return.
e. The goods will not be returned in its original packaging to the seller. The seller may require the buyer does not even want him in the event of cancellation of the contract, for example, the eBay fees incurred to be replaced.
4th Who pays in case of withdrawal / return of the shipment costs and the risk of loss of the goods?
The cost of the return (return costs), the consumer must bear if the delivered goods ordered and if the price of the returned goods a sum of 40,00 € exceeds or at a higher Price of the goods at the time of the revocation yet the return or a contractually agreed partial payment has been furnished by the consumer. In all other cases, who must indicate the return cost. The risk of loss (eg theft or destruction) of the product also helps the entrepreneur. In case of cancellation of a distance contract the Warenhinsendekosten (such as postage and packaging costs) are borne by the contractor.
5th Pay compensation for the revocation of any distance contract or upon exercise of the right of return:
revokes a consumer any distance contract or does not return a purchased commodity, he must pay compensation for a purpose by the Putting the matter to make resulting deterioration, if he is the latest on the contract in writing to the liability for compensation and an opportunity has been advised to avoid them. An obligation to pay compensation to the consumer does not exist when the impairment is only on the test (eg unpack and look) is due.
6th Purchased goods are not delivered by the seller or the buyer does not pay - what can you do?
a. If not delivered the goods purchased by the seller, the buyer should put this in writing a reasonable delivery time (7-10 days) and announce that upon lapse of time without withdraw from the contract. After lapse of time without the buyer can then withdraw from the purchase contract concluded. If the buyer has paid in advance, he should contact the seller a deadline for repayment of the purchase price. Of course, the buyer notifies the seller can also supply and / or sue for damages.
b. If the buyer pays the purchased goods do not demand that the seller in the same way towards this.
7th Defective goods - What rights does the buyer?
If the goods are already sending defective, the purchaser should withdraw the sales contract with a consumer goods or the Merchandise return. Moreover a consumer is in the purchase of new material, a warranty period of 24 months and 12 months for used items - from receipt of goods - to. The warranty can be excluded between two consumers only purchase contracts (eg sale via the Internet auction site eBay). Does the seller damaged goods for sale, he must describe the goods damage or defects in detail. "Forgets" the seller shortcomings, the service shall guarantee claims (subsequent performance, reduction, compensation) to. If the received goods are defective, the buyer must first set by the seller require "supplementary". The seller is unable to repair or replace the goods. In the context of subsequent shipping costs are borne by the seller. If the remedy fails, the buyer may withdraw from the contract or reduce the purchase price and also ask for damages.
8th Warning given for copyright infringement - What to do?
warnings for alleged copyright violations on the increase. Often you get a warning letter because it allegedly copyrighted works via an Internet exchange market (such as file sharing, etc.) should have been ready for retrieval. The warning letter usually contains a solicitation of an imitator, and to pay the request for damages allegedly incurred costs and attorney fees. On the resulting warning letter should respond in each case. The warning is entitled to levy a so-called "imitator". This claim arises when the alleged copyright infringement. Admonish sent by the imitator should not sign, however. In any case, you should - make a modified penalty clause statement - without acknowledging any legal obligation. If no or no sufficient penalty clause explanation given, the "admonish" a preliminary injunction against the "alleged copyright infringers" obtain. The cost risk for the Abgemahnt is very high. With regard to the defense of the required amounts of damages and attorney fees you should consult a lawyer in a particular case. Claims of Copyright Infringement expire within 3 years.
9th Subscription traps - Do you 'subscription fees, etc. "because of an alleged Internet completed contract to pay?
No! A binding contract that commits to purchase a premium service comes because of a hidden defect agreement is not concluded, if of visitors to a website was attracted and result only from the terms and conditions (AGB) shows that a fee contract is closed. A general or veiled reference to the commercial purpose of a website is not enough. Deceives a website operator to each visitor on the remuneration of its Internet site, this constitutes a fraud dar.
10th Bet infringement on the Internet - period of limitation:
One-competitive practices are limited to 6 months from inspection by the Abmahnberechtigten (with continuous violations this does not apply).
Legal Kotz Kreuztal Siegen Siegen
Strasse 104 57223 Kreuztal
http://www.ra-kotz.de
0 comments:
Post a Comment