The legislature, the Abofallenproblematik the web master to be and intends to introduce a so-called "button solution. These include an information obligation is to be understood in the all the shops that are closed only on the internet does. Companies should be required to give before the actual order of the consumer a highlighted reference to price, shipping cost and duration, and contract term and automatic renewals. Only after taking note of these data, the consumer can send the order.
costs for operators of online shops
According to the draft for the introduction of the scheme
"once necessary adjustments to the online sales platforms. On the basis of 193 000 companies involved, the additional cost of the unique adjustment amount to be between 38.7 and 48.3 million euros. "
fall per company so as estimated by the Federal Ministry of Justice (BMJ) at € 200-250. This does not take into account that not all the 193 000 companies will implement the requirements on time. Those who are not actively given time, almost certainly a warning by a competitor that costs a multiple of this investment. So it's still a significant amount added to Abmahnkosten million. This strain is the honest online shop with about 50 million €, is known only to a few consumers that the demands of the manageable number of Abofallenbetreibern are unwarranted.
legal consequence the disregard of the proposed scheme is the nullity of the whole contract. However, the demands of the Abofallenbetreiber are also already been unjustified, as here from an opinion of the German Bar Association shows. The situation does not improve then. A pure consumer information campaign would be as effective as a legal duty to inform consumers. Only result in much cheaper for the online retailer.
void contracts are contrary to the system
The legal consequence that the contracts between entrepreneurs and consumers will be void, is also contrary to the scheme of the Civil Code. For even with the fraudulent misrepresentation the consumer is this design the right of appeal available. He can choose if he wants to stick to the contract or not. In the particular case, an adherence to the contract may also apply to the deluded could make sense, if such was misled about the value-creating factors that worthless thing yet but suddenly developed a value and keep the consumer wants it.
In an automatic revocation protects you in this case, unintentionally, the "bad guys" who just rely on the revocation and may require reversal. The first contractor, the contract is no longer the like, may rely on the invalidity, and thus has a quasi Reurecht. This will be mainly in the initial phase of a huge number of incorrect, but completion of the contracts that will eventually re-settled dispute intensively.
No Withdrawal with no term contract
impropriety, the arrangements provided for in as much as they can with the rules on distance selling withdrawal bites. If a contract has been realized, the consumer risk revoked within two weeks, where no information in perpetuity. From a value of 40 € of the contractor, while even the shipping costs. If the contract is void, however, the consumer bears the costs of return and normal it may be necessary even for the audit procedures, such as unpacking afford the product, and value. This contradiction of assessment is then required to solve the case, by applying the revocation rules in favor of the consumer's analog.
The BGB in total made unnecessarily by adding an unwritten exception or amateur unfriendly. Especially in the field of consumer protection, it is important that the consumer may, without a lawyer from the law of his rights.
In view of the ultimate insignificance of Abofallenproblematik and have sufficient current law, the law unnecessary. As shown it causes additional costs for compliant businesses, and creates legal uncertainty and in one case, disadvantages and risks for the consumer. One can call the bill in that mistake.
A particularly succinct summary of the futility of the new system, the DAV has published as an opinion on the draft.
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