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No sooner is the solution button a little digested and arrived at almost all shops, hit the waves again highly: “Complete change of the right of cancellation” was heard, “Everything will change” or “New Abmahnwellen stand before”.
What makes these waves? What should be changed? Why a noise is made?
We do not want to compile everything, received but only the most important things, the online dealers before connecting the camera are. Because as almost always, no definitive statements about all the effects of changes can be made and were made, have all the information without prejudice, however, to the best knowledge and belief. Plug in your declaration of revocation clearly trader from, if you want to make ONLY consumers from right of withdrawal.
- What is the reason of the amendments?
The implementation of the EU Consumer Rights Directive, (namely 2011/83/EU) which at 10.10.2011 was adopted by the Council of the EU. In contrast to the solution button, which was mandatory only for Germany, apply these changes for traders all EU Member States. The implementation in national law had time to 13.12.2013. (Gesetzesentwurf hier) - When will the changes apply?
From the 13. June 2014 Point 0 Clock. There are NO Transition rules or grace period. Thus, the changes have on 13.06.2014 be implemented. - What is changed?
Unfortunately, this is a little confusing. We want to try to explain it clearly and understandably:
A. Basic information's responsibility to find towards the consumer
The (Online) Dealer must the consumer (as well as already) inform about relevant things, before the order is complete, sure that any possible factors such as fees can not be claimed.
The exact overview of all (already currently applicable) Information requirements in Art. 246 Draft Law or Introductory Law of the Civil Code (Link to the text of the law at dejure.de) controlled. Here is enumerated, vs. what information. the consumer must be provided in distance contracts.
Zukünftig muss der Händler im eCommerce zwingend den Kunden spätestens bei Bestellvorgangsbeginn noch über folgende Punkte informieren (this is regulated in Art. 246 a EGBGB und Art. 246 c EGBGB):
- How to order in store? What steps are necessary to the completion of your order? Here supposed to be a link to itself plane as Contacts, etc. be sufficient, will be informed on the contents page on the purchase in the shop.
- The contract-ie If the order ansich- from the dealer stored and the customer can see it? This could well be an account with registered customers, where the customer can view their orders at any time.- be errors in the input data / Information supplied by the customer (Name, eMail aber evtl. ordering quantity?) verified by the shop and pointed out? This probably goes a separate passage in the Order process information which points out such verification procedures will. Example: Similar review of the e-mail address on existing and well-known @ suffix. De. Aber evtl. and maximum order quantities for Articles, so do not inadvertently (clear blödsinnig!) 100 instead of 1 is entered. Further verification of postal code and / or location…
- What languages are available to the customers in the online store to order and its completion-ie contract- available? Again, a note in the order information should be sufficient. This, of course, but then in each of the languages offered.
- What codes of conduct submits to the dealer and what are these / where can you read? This is probably e.g.. Conditions meant in which the retailer clearly defines what it excludes and what it allows. Clearly this is not really.
- Furthermore, the dealer must clearly define how long it takes, until the goods are delivered. It is sufficient here no vague information as “as. 2-3 Days” on the other side fortunately- but also must not “You get the item 24 Hours after order completion”. It will be a clear formulation of distress, which tells the customer, when he can count on the service. For example, this could be a “Delivery is made within X business days. As a business day is considered Monday to Friday excluding holidays. Members should begin with successful payment or. The advance payment to our account.” Could look like an information probably. Möglich soll wohl auch sein z.B. “Delivery time: 2-3 Werktage*” zu schreiben und dann im Fußtext des Shops das Sternchen aufzulösen z.B. mit einem Text wie “* innerdeutscher Standardversand. Für andere Ländern entnehmen Sie die Versandzeiten bitte unseren [LINK]Versandinformationen[LINK].” In den Versandinformationen sollten Sie dann über den Versanddienstleister informieren, nochmals über den innerdeutschen Standardversand und die zusätzlichen Tage, die für andere Länder benötigt werden. It is important, dass der Kunde klar ersehen kann welche Versandzeiten für ihn gelten. Sollten Sie Expressversand anbieten, sollte dies im Fußtext zusätzlich genannt werden und selbstverständlich auch in den Versandinformationen. Werktage zu definieren kann bestimmt auch nicht schaden.
- Gewährleistungsansprüche des Kunden werden durch das Gesetz definiert. Der Händler muss den Kunden darüber informieren, dass ihm die gesetzlichen Gewährleistungsansprüche zustehen. Ein Satz wie “Bei den Waren aus unserem Shop bestehen gesetzliche Gewährleistungsrechte.” ist verpflichtend. Hat der Händler einschränkende Regelungen zur Gewährleistung auf seiner Seite, könnte dies abmahnbar sein.
B. Change of “Return Policy” and “Withdrawal” per se.
Very few consumers are aware of the Difference between return- and Withdrawal. And honestly: Just him probably know only a few… ALSO: The dealer had so far and to 12.06.2014 the choice to the consumer a return- to grant or cancellation. In Withdrawal was probably moot, whether the dealer had to refund the purchase price only upon return of the goods or not, since the withdrawal could also be yes-stated in writing, without the simultaneous return of the goods. In Return Policy HAD the goods are first sent back, before the purchase price was refunded. Disadvantage for the dealer but was, that he had to bear the cost of returning the right of return ALWAYS, which he at the right of withdrawal by the known 40 Euro rule could pass on to the consumer.
Now it will no longer be the right of return, so that this conflict is no longer given. It is from 13.06.2014 only the right of withdrawal give the consumer against the dealer.
C. Exclusion of revocation of new product groups
In the well-known article groups, for which the revocation is to be excluded, we do not go a. So u.a remain. still made specifically for the consumer / excluded customized products as well as perishable products from the withdrawal. It has been adjusted a bit but all in all the existing point remain the same content. New, however, is now also the exclusion of the right of withdrawal for
- Sealed goods, from the health- and / or relevant to hygiene reasons can not be resold, if the seal was broken. This will probably also apply to a lot of beauty products, that were not previously comprises largely on the exclusion of the right of cancellation. Let's be honest: How quixotic one must be, if one considers, that any part of a crucible face cream in the shop still selling?
- Alcoholic beverages, still “mature”. This must be between the contract and the delivery min. 30 There are days. So if one buys young wine at a good price, but this still leaves stored at the winery some time and then after delivery eg. 2 Notes years later, that he totally does not match the, what was expected, then you can not revoke it. Not the exclusion applies of course to the bottle of rum, which can be ordered online and 2 Days can provide home later.
This non-existing right of withdrawal must be explained to the consumer explicitly!
D. Revocation period is now firmly on 14 Set days
Instructed the dealer to the consumer not directly at / after the conclusion of his right of withdrawal (of 14 Meet), lengthened this at one month. Had he forgotten it entirely, could extend more or less into the Unentlichkeit. From the 13.06.2014 is the case of counterfeit- or non-teaching the right of withdrawal at the latest after 12 Months and 14 Expire days (after delivery).
And. Simple return of the goods from ranges 13.06.2014 no longer – Revocation must be explicitly declared – but also call now ranges!
So far were known to frequently read set “Revocation […] by simply returning the goods”. This ranges from 13.06.2014 not made. The cancellation must be submitted EXPRESS. In the old version had it-if he had to be explained- do so in writing. Information on telephone numbers in the Conditions were sometimes even reprimanded. From 13.06.2014 , the explicit revocation now but also be explained by phone, but it must be declared. Easy sending of the goods is no longer enough – so the law. Phone numbers should be available from 13. June 2014 are additionally included in the Conditions.
F. Providing a model withdrawal form to the store page
Online stores have a future Provide sample form to revoke ready. These may then be downloaded by the customer, to be filled transmitted to the dealer. Okay here is letter, Fax, email scan but probably also the supplement of the Declaration on returned goods.
The Company must not use this form , he should only use it MAY. The dealer must the consumer BEFORE the contract on this form to draw attention. Dieses Widerrufsformular oder zusätzlich auch ein Hinweis auf ein solches sollte in der Widerrufsbelehrung erscheinen.
Furthermore, the dealer also has the option to its customers to provide online a withdrawal form available. In the case of the use of Online-Widerruf-Formulars MUST the dealer receiving the notice of cancellation forthwith e.g.. confirm with an email – a brief message “Thank you for your declaration of revocation” on the screen, however, is not enough. Es ist nun auch zwingend notwendig die AGB von den Widerrufsbestimmungen z.B. im Footer zu trennen.
G. Cost of Hinse extension must be the only dealer in “Standard” Returns height
So far, the dealer had to the consumers in case of effective cancellation, the costs of sending report. Desired in the case of the consumer-- Special delivery methods such as express with high additional, had also are reimbursed. In the future, the merchant must refund only the cost of the possible standard shipping. Additional charges will be borne by the consumer.
H. It gets even “better” for the merchant: The return costs would have on consumer 13.06.2014 carry yourself
The previously known 40 Euro rule from the 13. June no longer be compulsory. From then the consumer would have the cost of returning completely wear myself. Whether sock for 4.99 € or HiFi system vür € 499. In cases of articles, which are not package capable, the retailer must still active on the (estimated) Indicate the amount of the costs, since these would have to be sent in the future by the consumer back(t)in. Furthermore, the dealer must inform the customer but clearly refer to this duty (But link with hook before completing the order should continue to reach out). The more we go into it a point K.
I. When you must send the goods back and when must be refunded the purchase price?
In the future, the goods must be returned within 14 Days after notice of cancellation back to the dealer “be granted”. Whether this is now called, that the goods 14 Issued days after withdrawal from dealer must be, or at the post office, is not clear. Would be possible in theory, that the customer 14 Revokes and more days of receipt of goods 14 Days later the goods are sent back. Thus, such a process takes theoretically to 28 Days to go.
However, the dealer must after the change from 13.06. Withdrawal in his “power obtained” -So the purchase amount- within 14 Refund days after notice of revocation back. And in the same way as it was paid as possible: PayPal PayPal payment as a credit, Credit card payment as a credit card credit, Cash in advance cash in advance payment as credit, etc.. Deviating from this, the dealer with the customer, but explicit arrange an alternative payment method. “Explicit” is “generally” contrary to, so that a simple entry in the Conditions of “We will refund the purchase amount by bank transfer” probably could not be regarded as an explicit agreement with the customer. Another positive aspect is-S.A. Punkt B. “Return vs.. Revocation”- that the dealer the purchase amount but only after receipt of the returned goods required to report or proof of transfer to eg. n Post.
J. Compensation for revocation of
In the future, must only the depreciation of the returned goods will be replaced. And this loss in value is not due to normal inspection of the goods, as would have been possible in the business, be due. Whether this really brings big changes, remains to be seen. In any case, this does not customers will certainly deterred, Articles 14 Days “use” and then send back.
K. Revocation
As is clear from the draft law (s.Link top) It can be seen, is from the 13.06.2014 a Patterns Conditions be filled with cloze. Does that mean: No more warnings for incorrect cancellation & return? Ja, e.g.. for the merchant, the ship his goods ALWAYS in one shipment, and only package capable! But as soon as orders will not be shipped together (e.g.. “Partial deliveries”) and perhaps also by forwarding, it is more difficult.
In the gaps allowed by the dealer each exactly ONE of the given options be used. A substantive modification is not allowed. If you can fit an opportunity, is that good but there are also situations in which the legislature (more) has not thought.
It must e.g.. in the cost of returning either clear We will bear the cost of returning the goods or You bear the direct cost of returning the goods or non-packet-capable Goods You bear the direct cost of returning the goods in the amount of EUR ... or if the amount can not reasonably be calculated in advance You bear the direct cost of returning the goods. The cost is estimated at a maximum of about EUR .... (“most about”?? Is not it enough either or?). A mixture is not intended. We are sure, that-with sufficient discontent existing and not yet recorded Cloze options- additional alternatives or in the worst case also a derogation. Hence “in the worst case”, since this reduces the desired uniqueness could be lost again. (Die Widerrufsbelehrung als Muster mit den einzelnen Lückentext Passagen finden Sie im PDF zum Gesetzesentwurf des Deutschen Bundestags auf Seite 23ff)
All in all, improves the position of merchants and consumers at first glance. Unique Order cancellation, no confusing passages and provisions. As nice as it could be. Also consumers should by the (desired) Uniqueness will be less confused and can secure shopping.
Which dealer will provide future cross-, if a client simply sends the goods back and only dealers who its customers generally pay the return costs, remains to be seen….
It is important to be mentioned, that the consumer should generally be protected by the law in question before business practices. Therefore, the dealer CAN always points provide the customer with (e.g.. Terms and Conditions), the customer BEFORE PARTS (vs. no case. penalize the legal regulations!). Thus, there is no problem, if the dealer agreed with the customer, that in future a simple return of the goods is sufficient as notice of cancellation and revocation does not have to be explicit. However, it must still offer the pattern withdrawal form.
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