• Home
  • Imprint
  • Privacy policy
  • Terms
  • Agile and lean law firm
  • Ideal partner
  • Contact
  • Videos
ITMediaLaw - Rechtsanwalt Marian Härtel
  • en English
  • de Deutsch
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
      • Ideal partner
      • About lawyer Marian Härtel
      • Video series – about me
      • Why a lawyer and business consultant?
      • Principles as a lawyer
      • Focus on start-ups
      • Nerd und Rechtsanwalt
      • Ideal partner
      • How can I help clients?
    • Über die Kanzlei
      • How clients benefit from my network of colleagues, partners and service providers
      • Quick and flexible access
      • Agile and lean law firm
      • Team: Saskia Härtel – WHO AM I?
      • Price overview
    • How can I help clients?
    • Sonstige Informationen
      • Einwilligungen widerrufen
      • Privatsphäre-Einstellungen ändern
      • Historie der Privatsphäre-Einstellungen
      • Privacy policy
    • Testimonials
    • Imprint
  • Leistungen
    • Focus areas of attorney Marian Härtel
      • Support with the foundation
      • Games law consulting
      • Advice in e-commerce
      • Support and advice of agencies
      • Legal advice in corporate law: from incorporation to structuring
      • Legal compliance and expert opinions
      • Streamers and influencers
      • Cryptocurrencies, Blockchain and Games
      • Outsourcing – for companies or law firms
    • Arbeitsschwerpunkte
      • Games and esports law
        • Esports. What is it?
      • Corporate law
      • IT/IP Law
      • Consulting for influencers and streamers
        • Influencer & Streamer
      • Contract review and preparation
      • DLT and Blockchain consulting
        • Blockchain Overview
      • Investment advice
      • AI and SaaS
  • Artikel/News
    • Langartikel / Guides
    • Law and computer games
    • Law and Esport
    • Law on the Internet
    • Blockchain and web law
    • Online retail
    • Data protection Law
    • Copyright
    • Competition law
    • Copyright
    • EU law
    • Law on the protection of minors
    • Labour law
    • Tax
    • Kanzlei News
    • Other
  • Videos/Podcasts
    • Videos
    • Podcast
      • ITMediaLaw Podcast
      • ITMediaLaw Kurz-Podcast
  • Knowledge base
  • Contact
Kurzberatung
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
      • Ideal partner
      • About lawyer Marian Härtel
      • Video series – about me
      • Why a lawyer and business consultant?
      • Principles as a lawyer
      • Focus on start-ups
      • Nerd und Rechtsanwalt
      • Ideal partner
      • How can I help clients?
    • Über die Kanzlei
      • How clients benefit from my network of colleagues, partners and service providers
      • Quick and flexible access
      • Agile and lean law firm
      • Team: Saskia Härtel – WHO AM I?
      • Price overview
    • How can I help clients?
    • Sonstige Informationen
      • Einwilligungen widerrufen
      • Privatsphäre-Einstellungen ändern
      • Historie der Privatsphäre-Einstellungen
      • Privacy policy
    • Testimonials
    • Imprint
  • Leistungen
    • Focus areas of attorney Marian Härtel
      • Support with the foundation
      • Games law consulting
      • Advice in e-commerce
      • Support and advice of agencies
      • Legal advice in corporate law: from incorporation to structuring
      • Legal compliance and expert opinions
      • Streamers and influencers
      • Cryptocurrencies, Blockchain and Games
      • Outsourcing – for companies or law firms
    • Arbeitsschwerpunkte
      • Games and esports law
        • Esports. What is it?
      • Corporate law
      • IT/IP Law
      • Consulting for influencers and streamers
        • Influencer & Streamer
      • Contract review and preparation
      • DLT and Blockchain consulting
        • Blockchain Overview
      • Investment advice
      • AI and SaaS
  • Artikel/News
    • Langartikel / Guides
    • Law and computer games
    • Law and Esport
    • Law on the Internet
    • Blockchain and web law
    • Online retail
    • Data protection Law
    • Copyright
    • Competition law
    • Copyright
    • EU law
    • Law on the protection of minors
    • Labour law
    • Tax
    • Kanzlei News
    • Other
  • Videos/Podcasts
    • Videos
    • Podcast
      • ITMediaLaw Podcast
      • ITMediaLaw Kurz-Podcast
  • Knowledge base
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel
Home Online retail

Amazon can’t just freeze seller funds

4. July 2019
in Online retail
Reading Time: 2 mins read
0 0
A A
0
amazon logo 500500

The District Court of Hildesheim has put a stop to Amazon, by means of an injunction, forbidding its well-known practice of simply freezing funds.

Amazon justified the ban on the grounds that customer reviews had been manipulated through the seller’s account, without even specifying in the beginning which reviews were to be affected and what exactly had been manipulated. In return, an existing balance should be blocked from withdrawal for more than three months and further sales should no longer be possible by deleting the current offers.

Incidentally, this is a relatively normal behavior of Amazon, which I also experienced in the context of commission refunds for YouTubers and Twitch streamers. In these cases, tens of thousands of euros of income were simply withheld, accounts were terminated and the former partners were referred to the lawsuit.

As a rule, these behaviors, which are also experienced by other large corporations that believe to have sufficient market power, do not even find a reflected in their own gtC. If they do, however, the alleged GTC bodies are often incompatible with German GTC law, as there is often an unreasonable disadvantage for the contractual partner.

It is often worth defending against these behaviours. In the present case, the District Court of Hildesheim also ruled in paragraph 858 et seq. BGB followed legal ideas as a reason for disposition, since the blocking was an existential threat to the seller. Nevertheless, one can only advise not to leave unnecessary money in the customer’s accounts.

The decision does not, of course, change the fact that one should refrain from manipulating assessments. These may be anti-competitive, lead to warnings or justified terminations. A brief overview can be found in this article. The seller must expressly refer to purchased ratings, as the Frankfurt am Main Higher Regional Court ruled at the beginning of the year. And don’t forget that advertising with reviews that were only obtained through a competition can be anti-competitive, as I explained in this article.

Tags: AGBAmazonCommissionFrankfurtFrankfurt am Main Higher Regional CourtKündigungLawsuitTwitchWarningYouTubeYouTuber

Beliebte Beträge

Automated pricing and dynamic pricing in e-commerce

automatisierte preisgestaltung und dynamic pricing im ee28091commerce 1
2. April 2025

In the digital economy, automated pricing and dynamic pricing strategies are now part of everyday life. Whether for online shopping,...

Read moreDetails

Cancellation buttons in focus: a recent ruling and its impact on online retail

abmahnung
8. February 2025

I have already reported several times on the requirements for unsubscribe buttons. This topic is particularly important for SaaS providers...

Read moreDetails

Internationalization of SaaS products

9f8d6fee06ef9f57635cfc2792644595
9. November 2024

International expansion is a natural growth step for many SaaS start-ups. However, entering new markets brings with it complex legal...

Read moreDetails

Avoid legal pitfalls when founding an online start-up

Avoid legal pitfalls when founding an online start-up
10. October 2024

Founding an online start-up requires not only entrepreneurial skill, but also a solid legal foundation. Company founders are confronted with...

Read moreDetails

E-commerce law: legally compliant design of online stores for the self-employed

E-commerce law: legally compliant design of online stores for the self-employed
10. October 2024

Creating an online store offers self-employed people enormous opportunities, but also harbors numerous legal pitfalls. A legally compliant design is...

Read moreDetails

Cancellation button must be possible without login

Online services: Don’t forget the cancellation button!
24. September 2024

In its final judgment of 30.07.2024 (Ref. 3 U 2214/23), the Nuremberg Higher Regional Court made important clarifications regarding the...

Read moreDetails

When is the contract concluded in the online store or with SaaS services

2b14342543cc4e965f96a23212cffb88
26. June 2024

The time of the conclusion of the contract in online stores and for SaaS services is for providers of largehe...

Read moreDetails

Prepayment in the online store: Attention to your own terms and conditions

GTCs are not invalid solely because of their length!
14. June 2024

As a lawyer specializing in IT law and contract law, I regularly draft general terms and conditions for various SaaS...

Read moreDetails

ECJ: Online order button also mandatory if consumer only enters into payment obligation under one condition

Lego brick still protected as a design patent
31. May 2024

Online orders: The order button or the corresponding function must clearly indicate that the consumer enters into a payment obligation...

Read moreDetails
  • Home
  • Imprint
  • Privacy policy
  • Terms
  • Agile and lean law firm
  • Ideal partner
  • Contact
  • Videos
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Fill the forms below to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Contact
  • Leistungen
    • Support with the foundation
    • Focus areas of attorney Marian Härtel
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Games law consulting
    • Support and advice of agencies
    • Legal advice in corporate law: from incorporation to structuring
    • Cryptocurrencies, Blockchain and Games
    • Investment advice
    • Booking as speaker
    • Legal compliance and expert opinions
    • Legal advice in corporate law: from incorporation to structuring
    • Contract review and preparation
  • About lawyer Marian Härtel
    • About lawyer Marian Härtel
    • Agile and lean law firm
    • Focus on start-ups
    • Principles as a lawyer
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Why a lawyer and business consultant?
    • Focus on start-ups
    • How can I help clients?
    • Team: Saskia Härtel – WHO AM I?
    • Testimonials
    • Imprint
  • Videos
    • Video series – about me
    • Information videos – about Marian Härtel
    • Videos on services
    • Blogpost – individual videos
    • Shorts
    • Third-party videos
    • Podcast format
    • Other videos
  • Knowledge base
  • Podcast
  • Blogposts
    • Lange Artikel / Ausführungen
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Labour law
    • EU law
    • Corporate
    • Competition law
    • Copyright
    • Tax
    • Internally
    • Other
  • en English
  • de Deutsch
Kostenlose Kurzberatung