A new consumer rights directive came into force on June 13.06.2014, XNUMX.
This law brings with it numerous changes that affect online trading in particular. In order to ensure that your online business runs smoothly and that your web shop is designed in accordance with the law, a number of important regulations must be observed in the future.
These requirements concern, for example, your customers' right of withdrawal as well as the necessary information about company information or additional services offered.
We would therefore like to inform you about the latest innovations in order to provide you with the best possible support with the adjustments to your web shop and online business.
We are happy to make individual adjustments so that you can continue to guarantee your customers safe online shopping.
Stricter information obligation
In the case of contracts that are subject to payment for the customer, the entrepreneur is obliged to inform the customer essential hints to inform.
These include:
- Address and Identity of the trader
- Additionally incurred Costs for Shipping, delivery or mail delivery
- basics Features of the goods/services
- Total Price including all taxes, duties, freight, delivery and delivery costs, all other costs and the basis of calculation
- For permanent contracts: Runtime of the contract and/or minimum duration of obligations
- Cancellation Policy and other terms of the contract
- information about Delivery restrictions and Payment Methods
- Statutory warranty law, Customer service and Guarantee (incl. their conditions)
In addition, in the case of distance contracts, the trader must send the consumer, within a reasonable time after the conclusion of the contract, a confirmation of the contract in which the content of the contract is described. This must be done at the latest when the goods are delivered (e.g. in paper form) or before the service is started, on a durable medium.
If an entrepreneur does not comply with these regulations, there is no contractual obligation for the consumer!
Extended right of withdrawal
The withdrawal period will now also apply to so-called distance selling transactions 14 days extended, although this increases in the case of missing or incorrect cancellation instructions 1 year plus 14 days extended.
Other changes in the right of withdrawal are:
- The right of withdrawal now also exists for consumers if he/she himself started the business.
- After a revocation, the consumer can return shipping costs to bear the goods. The prerequisite, however, is that this has been previously informed by the entrepreneur enlightened wurde.
- The law includes a Refund Request Form Template, which must be made available to the consumer. Also, there is one Sample cancellation policy, in order to make it much easier for both contractual partners to comply with the legal requirements.
- Also one toll-free number all customers must be available for telephone cancellation
- If a payment has been made by the consumer, the entrepreneur is obliged to return it within 14 days from the day on which the notification of the revocation was received. And, unless otherwise agreed, this must also be done with the same means of payment as when purchasing.Exception: Sealed goods that are not suitable for return for reasons of health protection or hygiene may be exempted from the right of withdrawal. If the affected products were specially sealed and this seal was broken by the customer, companies can refuse a return.
button solution
The order button for web shops must now be designed in such a way that the consumer unequivocally and explicitly it is pointed out that he enters into a financial connection with the order.
This means:
- The button must no longer only be marked with "Order", but with "Agreement to pay for the order you are placing" or similar specific information.
- The placement of the button should immediately below the mandatory information respectively. Directly means that no separating design elements in text form or graphics (such as cancellation policy, terms and conditions, comment fields, etc...) may be present.
- The order button may only once at the end of the final order page be positioned.
Furthermore, at the end of an ordering process, certain content must be expressly emphasized again, such as essential properties of the goods. If these regulations are not complied with, the consumer is not bound by his order.
No hidden additional costs
For additional payments, such as an additional service for the main service, the consumer's express consent is now required.
Specifically, this means:
- To pay for an additional service, such as cancellation insurance or an additional guarantee, a Vereinbarung to be hit
- An agreement via the Internet is only effective if the entrepreneur does not bring it about through a so-called default. (Pre-ticked checkboxes are therefore no longer permitted!)
- The entrepreneur may also from the consumer no charge for paying with a certain means of payment, such as a credit card.
Warranty
The guarantor must in the future to at least undertake one of the following services:
- refund of the purchase price
- replacement or repair of the item
- Provision of services related to the matter
Before submitting the contract declaration by the consumer, the entrepreneur must make the guarantee conditions available in a clear and understandable way. In online shops, the guarantee conditions or at least the link “guarantee conditions” must appear directly in the item Description to be found, which then leads to a shop subpage and informs the consumer there about the scope of the guarantee.
After signing the contract the entrepreneur must send the guarantee conditions to the consumer (on a durable medium) with the confirmation of the contract to transfer.
A guarantee statement must contain:
- Reference to the legal rights of the consumer, as well as an indication that these are not restricted by the guarantee
- Contents the guarantee
- Duration and spatial scope of warranty protection
- Name and Address of the guarantor