Explanations (no components of the legal texts)
Terms and customer information:
Inclusion of terms and conditions: Your customer must have the opportunity to take note of the terms and conditions before submitting his order, e.g. B. accessible from any page links with the name “Terms”. The customer must be able to retrieve the terms and conditions upon conclusion of the contract and store them in a reproducible form. For all online shops, the terms and conditions must be received by the customer at the latest up to the delivery of the goods in text form. This can be done either by e-mail or as a cover letter in the consignment.
–Important: Please note that different laws provide additional information requirements that do not belong in the terms and conditions. These duties include in particular
-a detailed article description,
-a quotation (also for delivery costs),
-a reference to possible taxes and costs that are not paid by you or charged by you,
-Details of the payment options (e.g. via PayPal, direct debit, invoice, etc.) and the terms of delivery (e.g. longer delivery times),
-an indication of possibly increased telephone costs (e.g. 0190 numbers),
-an indication of the validity of fixed-term tenders,
Product labeling requirements.
-Online Dispute Resolution Template (OS Platform)
Under the European ODR Regulation (Out-of-court online consumer disputes settlement regulation), entrepreneurs who sell to consumers will have a link to the online dispute resolution platform (OS platform) on their webshops as of 9 January 2016.
IMPORTANT: You should not insert the link to the platform under the imprint or the terms and conditions, as it could be considered “hidden” there.
Here is our suggestion:
The EU Commission provides a platform for an out-of-court settlement. This gives consumers the opportunity to settle disputes related to their online ordering, first out of court. The Dispute Settlement Platform can be found here: https://ec.europa.eu/consumers/odr/
Our e-mail for consumer complaints is: info@ berg-gasetech.de
Note: With JanoFair, offers its own free online mediation for its hosting customers. If you use janoFair, you still have to link to the OS platform. Further information can be found here: www.janofair.de
Model withdrawal form:
The model withdrawal form
Since June 13, 2014, the consumer must also be sent a sample revocation form. The customer does not have to use this form. He can also revoke the contract by e-mail, letter, and – now – even by phone. The revocation must be expressly declared i.e. a commentless return of the goods is not enough. The model withdrawal form must also be displayed to the consumer before placing his order, e.g. For example, under a link labelled “Sample Revocation Form.”
Formal notes: The pattern is based on legal requirements. According to the will of the legislator, the customer should receive a pre-addressed withdrawal form from you. The note in the form “(*) delete as appropriate” is intended for the consumer to eradicate what is wrong. Apart from his address, the entrepreneur should not register or complete anything in the form, otherwise – probably – the danger of a warning is again threatened.
