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Online retailer: Notice of warranty of defects

This post is also available in: Deutsch

At the moment, there seems to be a new round of warnings if, in the case of online retailers, in the GTC, the statutory warranty rights of consumers are not pointed out.

Legally, this is the failure to fulfil pre-contractual information obligations in accordance with Section 312 d para. 1 BGB in conjunction with Art. 246a, Section 1(1) 1 p. 1 no. 8 ETUCGB, according to which, in addition to numerous other information obligations, a trader must inform the consumer that there is a statutory liability for defects in respect of goods.

Although this duty to provide information is actually an old hat, yesterday warnings on this subject are constantly being made through the legal landscape.

The former IDO interest group for the legal and financial consulting of German online companies e.V., which is currently also a matter of course, such as “insured shipping”, is once again the notorious IDO interest group for the legal and financial consulting of German online companies. Offers are subject to change.” for Ebay instant sales, the lack of indication of the storage possibility of GTC and the use of “Usually” when specifying delivery times.

The current operation of online shops is really a shark 😉

Marian Härtel

Marian Härtel

Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.


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