Did you receive a GTC warning?
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Many online retailers receive a warning about their terms and conditions, as legally actionable errors in the general terms and conditions are technically easy to identify and most online retailers commit quite typical violations in this regard.

If the merchant offers their goods and/or services in their own shop or on one of the sales platforms such as eBay, Amazon, etc., they therefore depend on legally sound formulations in their terms and conditions. The terms and conditions form the basis for the contract between the buyer and the seller, so ineffective or incorrect clauses should be expressly avoided.
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How should terms and conditions be designed?

The terms and conditions are subject to the content control of § 307 paragraph 1 and 2 BGB (German Civil Code). In order to create legally compliant terms and conditions, there are certain conditions that must be met:


    1. Formulate the terms and conditions clearly and unambiguously
    2. Comply with the legal regulations
    3. The terms and conditions must be fair to both contracting parties

I received a warning about my terms and conditions. What can I do?

A warning about the general terms and conditions should not be taken lightly. However, one should not panic and act hastily. Do not pay until it is clear whether the warning is actually justified. As Händlerbund, we have already processed numerous warnings in the field of the legal notice obligation for our members. Our team of specialized lawyers knows the fears and uncertainties that come with a warning letter and will take on your case.

    1. Immediate support in case of warning, also retroactively**
    2. Legal advice from specialized attorneys**
    3. Legally compliant legal texts for your online presence.
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Don't panic

A warning regarding copyright infringement is annoying, but there is no reason to panic. Stay calm, we will resolve the matter.

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Don't sign immediately

Often, the cease and desist declarations are too broad and disadvantageous for you. We will review before you sign.

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Don't pay immediately

In many cases of warning, the costs are set too high. We will check this and, if possible, you will pay less.

Upload your warning for immediate help

Warning uploader

Send us all documents now. In order to be able to represent you retroactively, it is necessary to book the Unlimited or Professional membership package. You’ll also benefit from many other services, such as a shop inspection, legal text services and much more.

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What happens now?

1
Choose a membership
Once you have uploaded your complete warning letter, in the next step you will select and book your desired membership package.
2
Quick Processing
Now our specialized lawyers take over. We have already successfully processed more than 22.000 warnings and we will help you as well.
3
Do you have questions?
If you have further questions, do not hestitate to contact us. We are always glad to help: Use our Callback Service to book a meeting.

Who is authorized to issue warnings for violations of terms and conditions?

Illegal or incorrect terms and conditions can be warned against. In this case, all competitors as well as legally recognized competition associations and clubs are authorized to issue warnings. Competitors are entrepreneurs who are directly in competition with you. Although competitors can no longer issue a cost-bearing warning about the lack of implementation of information obligations since the end of 2020, misleading clauses or clauses that restrict consumer rights can still be warned against with costs


Costs of a warning

In the case of warnings, several thousand euros often await you, because as soon as a lawyer issues a warning for incorrect terms and conditions, there are warning costs for the opposing as well as your own lawyer. In addition, court costs may be possible if the warning has to be litigated in court. The costs must be paid by the warned party, or in the event of a judicial dispute, they must be assumed by the loser of the court case.

Often, the opposing party in competition law disputes sets the dispute value significantly too high. Therefore, have every warning checked by a lawyer. Often, the dispute value can be significantly reduced.


What to do in case of a warning about terms and conditions?

Receiving a warning about terms and conditions is no longer uncommon. With their negotiating skills and years of experience in the field of warning notices, our lawyers regularly manage to reduce the damage to your online business. Furthermore, our lawyers check your warning for legality. Using the warning upload integrated above, you can send us your warning letter and the cease and desist declaration directly. We help you quickly and competently within the framework of our membership packages, even if you are not yet a Händlerbund member at the time of the warning.


Common reasons for warnings regarding terms and conditions

There are many potential sources of errors that can occur in terms and conditions if you create them yourself or adopt them from third parties. Therefore, it is advisable to seek legal advice when creating terms and conditions.

Common reasons for warnings are:

    1. Failure to implement information obligations, e.g. notification of warranty rights
    2. Invalid liability limitation and damages clauses
    3. Invalid restriction of the right of withdrawal
    4. Determination of non-binding delivery times "... delivery on request ..."
    5. The general agreement of German law, which would disadvantage foreign customers
    6. Invalid court jurisdiction agreements

In need of help? You can rely on us!

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Always there for you
Our experienced lawyers are here to help

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Book a meeting
Use our Callback Service service

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Upload
Upload your warning now

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Choose membership
Help with written warnings and more

Legally secured by the Händlerbund

Do you need legal texts? As a Händlerbund member, you will receive all the necessary legal texts for your online shop or sales platforms such as eBay, Amazon & Co. The terms and conditions service is included in every one of our membership packages. The legally secure texts are created by legal professionals specialized in IT law. With the Premium membership, you will additionally benefit from extensive legal advice. Our specialized lawyers and legal experts will advise you on all areas of internet law and e-commerce topics - conveniently via email or telephone.

Starting from the Unlimited membership package, you will receive a comprehensive shop inspection. After successful review - which requires the complete elimination of all errors and the implementation of all legal instructions - you will have a legally secure and complaint-free platform or online shop. Comprehensive representation in case of warnings is also included. Become a member now and take advantage of numerous benefits!

Our services in detail

We don't just help you with a warning. As an Unlimited or Professional member, we support you with these services among others:

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Legal advice
by experienced, specialized lawyers via email and telephone
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Shop inspection
conducted by a team of experts consisting of our lawyers specializing in IT law
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Legal texts
for an unlimited number of online presences (e.g. online shops, marketplaces)

Assistance with legal warnings

  • Legal texts in 8 languages
  • Unlimited legal advice via e-mail and telephone
  • Assistance with legal warnings – no matter if it's your fault or not
  • Comprehensive shop inspection
  • Certification with Käufersiegel trust mark
Memberships in Detail
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* All prices are net plus mandatory sales tax. The minimum contract term is 12 months.
** Help with warnings is a voluntary solidarity support service for members of the Händlerbund e.V. The conditions of the warning assistance result from the legal protection order of the Händlerbund e.V.