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    Invoice for fake order? BGH says: Is anti-competitive

    Geschätzte Lesezeit: 2 Minuten

    The Federal Court of Justice has passed a judgment that could well have the potential to cause headaches for many online retailers and providers of online services. This is the question of whether sending an invoice for a fake order, i.e. when someone places an order, but for example informs an incorrect postal address/e-mail address. […] More

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    BGH on the OS-Link (EU Dispute Settlement Platform)

    Geschätzte Lesezeit: 2 Minuten

    Now and then, as a lawyer, I suspect that colleagues and courts are too boring when they decide on legal priorities in everyday life. There are now many exciting legal problems that are unresolved. In IT law, international copyright law and many other areas. Whether and how exactly on an online platform a link to […] More

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    Online retailers don’t need strong customer validation for now

    Geschätzte Lesezeit: 2 Minuten

    Payment service providers based in Germany will be allowed to make credit card payments on the Internet from 14 September 2019, even without strong customer authentication. The Federal Financial Supervisory Authority will not object to this at first. In doing so, it aims to prevent disruptions to Internetpayments and to allow a smooth transition to […] More

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    False gold bars may also be sold on Ebay

    Geschätzte Lesezeit: < 1 Minute

    The issue of Ebay has become a collection of court decisions. An interesting decision is currently being made by the District Court of Augsburg, which is referring to an auction called “Gold barren 1 OZ (UNZE) Credit Suisse – bars in the blister” and the description “I have taken this information from the blister. The […] More

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    Federal Cartel Office forces Amazon to make changes to terms and conditions for sellers

    Geschätzte Lesezeit: 3 Minuten

    Due to antitrust concerns of the Federal Cartel Office, Amazon is changing its terms and conditions for merchants on Amazon’s online marketplaces. The changes concern the unilateral disclaimer in favor of Amazon, the termination and suspension of merchants’ accounts, the jurisdiction in disputes, and the handling of product information, and many other issues. – Liability […] More

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    Demolition hunters on eBay not necessarily abused by law

    Geschätzte Lesezeit: 3 Minuten

    The Federal Court of Justice recently delivered an interesting verdict on an old phenomenon, the so-called demolition hunters. In the now decided case, someone offered a Pirelli wheel set for an Audi A6 with a starting price of 1 € for sale in April 2012. He ended the auction prematurely. At that time, the applicant […] More

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    Amazon can’t just freeze seller funds

    Geschätzte Lesezeit: 2 Minuten

    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 […] More

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    BGH on right of withdrawal and mattresses

    Geschätzte Lesezeit: 2 Minuten

    The VIII Civil Senate of the Federal Court of Justice has ruled that a contract of sale concluded by a consumer with an online retailer over a mattress sealed with a protective film does not involve a contract for the supply of sealed Goods that are unsuitable for return for reasons of health protection or […] More

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    Time and again: Advertising with warranty conditions

    Geschätzte Lesezeit: < 1 Minute

    Time and again, advertising with guarantees for certain products is a case for the courts. Sometimes it’s eBay itself, sometimes it’s missing conditions, sometimes it’s unclear conditions. I have written a little more about this in this article. However, this cannot be dispensed with, because many people are probably unaware that the lack of reference […] More

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    Can Amazon view alternative products in search?

    Geschätzte Lesezeit: 2 Minuten

    The I.E. Civil Senate of the Federal Court of Justice, which is responsible for trademark law, among other things, has to decide whether an internet trading platform may use a trademark in advertisements in the context of a Google search, if the offer list linked to the ad is not only products of this brand, […] More

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    Paid number in disclaimer inadmissible

    Geschätzte Lesezeit: 2 Minuten

    Following the ECJ decision on the use of paid numbers to contact an online retailer (CJEU, judgment of 02.03.2017 – Rs. C -568/15), there is now also further clarity regarding the use of a paid service number in the Within the scope of a revocation instruction: The OLG Hamburg considered the use of a paid […] More

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    Online retail: Discount on cash and cash equivalents little known in Germany not allowed

    Geschätzte Lesezeit: 2 Minuten

    The Landgericht Berlin has ruled that a company may not charge a fee for payment by credit card or instant transfer if a free payment is only possible with the payment method “Visa Entropay”, which is largely unknown in Germany. The court thus joins the case law of, among others, the Regional Court of Munich, […] More

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