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:
- Formulate the terms and conditions clearly and unambiguously
- Comply with the legal regulations
- 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.
- Immediate support in case of warning, also retroactively**
- Legal advice from specialized attorneys**
- Legally compliant legal texts for your online presence.
A warning regarding copyright infringement is annoying, but there is no reason to panic. Stay calm, we will resolve the matter.
Don't sign immediately
Often, the cease and desist declarations are too broad and disadvantageous for you. We will review before you sign.
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
What happens now?
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:
- Failure to implement information obligations, e.g. notification of warranty rights
- Invalid liability limitation and damages clauses
- Invalid restriction of the right of withdrawal
- Determination of non-binding delivery times "... delivery on request ..."
- The general agreement of German law, which would disadvantage foreign customers
- Invalid court jurisdiction agreements
Legally secured by the HändlerbundDo 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:
* 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.