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Customer Information (For reference only)
Cosideration of GTC: Your customer must have the possibility to view the terms and conditions before placing her/his order, e.g. under a link called “AGB (General Terms and Conditions)”. The customers must have an access to the GTC to save the contract details for the case of legal dispute. For all online transactions, the terms and conditions must be sent to the customer in written form at the latest by the time the goods are delivered. This can be done either by e-mail or as an attachment (e.g. on the back of an invoice) by the time of delivery.
Note: Please note that there are certain information required by law that does not pertain to the GTC. These mandatory details include in particular
- a detailed description of the displayed goods,
- a correct indication of the price (including delivery costs),
- an indication of possible taxes and costs not payable or charged by you,
- details about the payment options (e.g. via PayPal, direct debit, invoice etc.) and the delivery conditions (e. g. delivery over the long period of time),
- an indication of any increased telephone costs (e.g. premium numbers),
- an indication of the period of validity for time-limited offers,
- respective price regulation.
Linking to the ODR (online dispute resolution) platform (OS-Plattform)
According to the European ODR Regulation (Regulation on the Extrajudicial Online Settlement of Consumer Disputes), if entrepreneurs do business online and sell goods to consumers are obliged to provide a direct link to the online dispute resolution platform (ODR platform) from the website of their online shops.
Important: You should not place the link in the imprint or in the GTC because it can be considered hidden.
Template text:
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the possibility to first resolve disputes related to their online orders out of court. You can find the ODR platform here: https://ec.europa.eu/consumers/odr/
Our e-mail for consumer complaits: ……@……
You will also find useful information and guidelines under:
http://www.janolaw.de/docs/janolaw_agb_im_onlinehandel.pdf
http://www.janolaw.de/popups/Leitfaden_Kundeninformationen.pdf
Model Withdrawal Form:
Since June 13, 2014, it has be mandatory to provide consumers with a model withdrawal form that can be used, but is not mandatory. The contract can be withdrawn by e-mail, fax, post and, – new – even by phone. The revocation must be expressly declared, i.e. returning the goods without comment is not sufficient. The model withdrawal form must also be displayed to the consumer before placing the order, e.g. under a link called “Model Withdrawal Form”.
Formate Information: The withdrawal form is based on legal requirements. According to the legislator, the customer should receive a pre-addressed cancellation form from you. The note in the form “(*) Delete where inapplicable” is addressed to the consumer to delete where inapplicable. Apart from his address, the entrepreneur should not enter or add anything in the form, otherwise there is – probably – again the risk of a legal warning.
More templates and free lega guidelines abaiable under
janoCall – your leagl partner via phonecall
Legal Hotline for you to clarify your legal questions with a lawyer at a fixed price (24,90 euros incl. VAT), or with our support team under: 069 – 24 74 345 – 50
http://www.janolaw.de/internetrecht/internetshop/telefonberatung-internetshop.html
