Internet Platform EBay

September 29th, 2017 by Rosemary
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Again and again, German courts have dealt with the withdrawal for distance selling. Often, the decision to purchase the subject that have been spent on the online auction platform eBay. This is not surprising, since due to the high level of awareness and offer the wide reach of more and more entrepreneurs your goods on eBay for sale. This year, there has been a major decision of the Supreme Court in Berlin (decision of 18.07.2006 – Az 5W 156/06), which has apparently not yet reached every seller on eBay, because it came to the revocation in sales on the Internet. Prefix is that the distance selling rules generally cover only transactions between businesses and consumers. Especially with eBay, many sellers are not aware that they already appear as an entrepreneur, to understand oneself, but still a hobby shop. An interesting decision on this issue, there were only recently District Court of Coburg (Case, 19.10.2006 – Az 1 HK O 32/06 – hobby dealer orPowerSellers). Educate yourself even more with thoughts from incyte. Questions which may also be resolved by a lawyer online. In proceedings before the Supreme Court dealt with the revocation of an entrepreneur for its sales on the Internet auction platform eBay. Under his heading Auktionsabwicklung / terms he gave his clients include a right of withdrawal, which had to be performed within 2 weeks. A competitor objected that this instruction does not satisfy the legal requirements of the Act. The Supreme Court gave the competitors right. Although the instruction could be embedded in the terms and conditions, but that right is not just 2 weeks. Although the deadline is generally 2 weeks in § 355 paragraph 1 sentence 2 BGB, but notwithstanding this, but then one month must be notified in writing if the cancellation is communicated after signing the contract (§ 355 paragraph 2 sentence 2 BGB). Hardly understandable for the layman, the Supreme Court declared that the instruction is available on the Internet but before conclusion of the contract, but not as "writing" tois cheap. Text requires, inter alia, that the statement in a deed or otherwise, for the sustained reproduction in the appropriate characters, must be handed manner. Conclusion: Entrepreneurs should check your terms and if necessary change the withdrawal period to 1 month. In addition, you should have an audit of its website as part of a regular legal advice from a lawyer on legal pitfalls.

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