As we all no longer even knew of sheer boredom, what to do, there is finally replenishment in online dispute resolution. From the 01.02.2017 applies the obligation to provide information to participate in the dispute resolution procedures. If you think now: “Everything in the green area, but we have done long ago.” – thought WRONG, the trip goes on. There is even a negative duty to inform. To make it short and sweet, following overview of key features:
Was?
According to §§ 36 and 37 VSBG (Consumer Dispute Resolution Act) have company expanded disclosure requirements regarding the readiness / commitment to participate in dispute settlement proceedings before a consumer arbitration body.
When?
This change occurs from the 01.02.2017 in Kraft.
Who?
online retailer, what NOT operate exclusively in the B2B sector and only then, if they have committed themselves to participate in a dispute settlement procedure. Furthermore, there is an exception for operators, the most 31.12. last year more than 10 have employed persons. This counts the number of employees head, regardless of the agreed working hours.
As?
Informing the consumer is to take place online and in text form. It is important, express yourself clearly and intelligibly. An exemplary formulation for negative information obligation:
“We are not obliged to participate in a dispute settlement procedure before a consumer arbitration body ready.”
After a dispute arises, the consumer must in accordance with § 37 VSBG in text form (e.g.. email or fax) the willingness / commitment to participate in a dispute settlement procedure, stating the relevant consumer arbitration board including. Address and website are informed.
Where?
The information should be easily accessible to the consumer. It makes sense, therefore,, the Conditions, the imprint as well as the order confirmation (as email) to use.
Why?
We knew, that this question would come… Since we are in this respect still to say Looking, let's go just to the conclusion about.
Fazit:
The law is to 01.02.2017 develop its validity. Whether it is however also bring just anybody benefits, is questionable. But the examination of the subject of information provision seems little not to implement. “Beautiful good day, I surf here degrees on your side. Did you have to 31.12. last year more than 10 Employee?”
Failure to act is not also help. The jump to the paragraph-train is inevitable, should want to arrive without warning at railway station.
When reading, we recommend on this subject the article in the IT law-firm.
