Founders: The 10 most common mistakes in the opening of an online shop

The right and abmahnsichere design of an online shop provides many shop owners with major problems. The legal situation is unclear, the relevant laws change frequently, mass warnings cause massive costs for shop owners. The courts have carried partially contradictory judgments to great uncertainty in the online merchants and service providers.



The following article identifies the most common errors that occur again and again, unfortunately, in online stores and shows how these can be avoided.

1. Owner (Imprint)


Every online shop must have an owner (Imprint). The obligation concerning the provider of results from § 5 TMG. Background of information requirements is that the user should know the side, with whom they have to do it. In addition, a contact address be provided to allow legal claims against a site operator can be enforced in court if necessary.
The relevant information needed in the imprint differ in detail. For a limited example, other information must be provided as a sole proprietorship.
The most common errors in online stores are:

1. the shortening of the first name of the operator
2. lack of information on legal status and representation
3. insufficient contact details
4. lack of information regarding registration and VAT registration ID

5. Further information on Legal


2. Withdrawal

Just the right of withdrawal in recent years often led to warnings and strong uncertainty among online retailers. The recent change in legislation the right of withdrawal in June 2010 has not resulted in the issue would be settled right of withdrawal for traffickers.
The most common error in this case are:

1. The incorrect application and implementation of the many alternatives to the official model Revocation

2.The granting of a 14-day withdrawal period, although it is not immediately informed after the contract in writing

3. The undue restriction of the right of withdrawal (withdrawal only in original packaging, no non-free return, improper exclusion of certain classes of goods, etc.)



3. unacceptable terms and conditions clauses

* The subject of illegal terms and conditions clauses is a wide field. The errors here or create for themselves Terms of unexamined assumption of patterns or foreign terms and conditions can be made are very numerous, so here only



some examples repeatedly used terms are:

1. Deviations from these terms must be confirmed in writing
2. Delivery times are not binding
3. Court agreements for consumers
4. impermissible severability clauses
5. Passing on the risk of transport to the customer Comp. Consumers
6. Replacement clauses (delivery of "equivalent" products)
7. Duty to investigate and immediate indication of damage MoM. Consumers



4. Incorrect integration of Terms:

A common misconception associated with GC, is that many shop owners believe it would be enough if you have terms and conditions and these are linked somewhere on the site. But this is false.
To be effective, must be integrated according to the terms of legal requirements in the contract. This is pursuant to § 305 BGB only the case if:

* The shop operator customers to expressly include the terms
*The customer has the opportunity to take note of the terms andthe customer with the validity of the terms therein.
* This can be implemented by a corresponding clear reference to the terms and conditions of contract, the linking or any other possibility to access the customer and a checkbox for the necessary consent.



5. False information about delivery time:

The courts assume that the goods offered in online stores, is available now. "Available Immediately" means within about 5 days. That does not mean that the shop owners must keep all the goods always in stock. For goods which is not available within the designated 5 days, but must be clearly displayed to the longer delivery time.
The beginning of the delivery time refers to - according to contractual arrangements such as in the terms - on the order by the customer, the confirmation by the shop owner or the advance payment.
Common errors are the lack of data on longer delivery times or improper "about-information" related to the delivery time.

6. Errors in prices and shipping costs

Price Regulation stipulates that prices in online shops must be played correctly and completely. That is true, the reference to applicable taxes such as VAT.
Second, this also affects the representation of the shipping costs, which is always either actually or at least predictable for the customer (such as by country category or weight) must be specified.
A Abmahnklassiker is in this context, the phrase "free shipping on request.




7. Lack of Privacy:

The Telemedia Act (TMG) provides in § 13 that the customer must be given certain information about the handling of personal data. This concerns the nature, extent and purpose of the collection and use of personal data.
be given to the extent that the data that is stored in the order process from the customer will only be used for processing the order and only to companies further if this is necessary for the bushings and handling is (such as banks and transport companies), is a notification to the user enough .
If customer information to any third party, the customer expressly consent to this data transfer.




8. Newsletter no double-opt-in:

Customer Loyalty shop owners often use newsletters. Even here, however, lurking traps. Frequently, the user receives the newsletter, when he enters his e-mail address in an appropriate box on the website. Since here but theoretically any visitor can enter any email address, this would lead to the possibility that the newsletter is sent to recipients who have ordered no newsletter. Warnings because of spam are the result.
To avoid this newsletter should always be only through the double opt-in method dispatch. This means that initially sent to the email address just an email with a confirmation link. Only when this is confirmed by the recipient, the newsletter will be sent to this address.

9. Illegal transfer of product photos, videos and item descriptions:

Currently Online Shops live on a beautiful design of the goods. The range here is more or less detailed product pictures of the goods and, increasingly, video.
What's often overlooked that such content may not be used not just by others, just because they emitters.The on the net acquisition of foreign content is almost always inadmissible, either for copyright or for competitive reasons.

10. Advertising with warranty and guarantee:

Often advertise shop operator with bold statements like "24 month warranty" or "24 month warranty.
Both statements are not dangerous. First, you should make it clear that warranty and guarantee something completely different. The guarantee is governed by law and meets the store owner as contractor. As the legal guarantee rights for consumers in the purchase anyway always is 2 years, the courts say "24 month warranty" in part as a judge of improper advertising for granted.
The warranty, however, is something voluntary and is usually offered by the manufacturer of a product. A common mistake here that shop owners as required by law is not executed have the details and guarantee terms.visit http://almsafer1.blogspot.com

http://almsafer1.blogspot.com