The implementation of the Consumer Rights Directive and its consequences

Technically, it is no longer a problem to use an ERP solution such as SAP Business One to connect with a web shop and to integrate it into the Online trade to enter the market. However, you also need to be aware of some of the economic and legal consequences.

Since 13 June 2014, a number of new rules have applied to the online mail order business. In addition to innovations in the right of cancellation and extensions to the obligation to provide information, there have also been legal changes in other areas

Customer hotline is mandatory in online trading

On the one hand, at this time every company in the mail order business on the Internet must have a Customer hotline be able to show it. The number must be on the Website must at least be included in the legal notice. In addition, telephone charges must be limited if a contract already exists. This means that only the costs incurred through the use of the telecommunication device itself can be charged to the customer.
In addition, the function for cancellations by telephone must be integrated since 13 June 2014.

This is to ensure that customers are not deterred from asking questions about the product or providing explanations because the telephone costs are too expensive for them. This is not intended to create an additional source of income for online entrepreneurs because buyers cannot communicate with them in any other way. However, this new low-cost (but not free!) telephone service will only be offered if the customer has already made a purchase. If they only want to obtain information for a potential purchase, the value-added service number can still be used for this customer.

At least one payment method without fees

The fees that are charged for certain Payment Methods may only be charged if at least one free payment method is offered. Furthermore, even with this offer, the costs of the fees for the other payment methods may not exceed the costs incurred by the company itself.

No "automatic" additional benefits

It was common practice in the Online trade so far, too, Additional services to the actual product range (e.g. insurance for the purchased item) during the ordering process. This procedure is no longer permitted. In future, the customer should be able to make a conscious decision in favour of these additional services. The opt-in procedure should now be replaced by an opt-out procedure in the ordering process at the latest.

Adapt general terms and conditions for online trading

Also the AGB must be adjusted. Should the so-called "40-euro clause" still exist in the company T&Cs, this must be deleted for the benefit of the company. Otherwise, the retailer can no longer charge the customer for the costs of returning the goods up to a value of 40 euros.

No "Reservation of a replacement delivery"

Until now, according to the "Reservation of a replacement delivery" allows a comparable product in terms of price and quality to be delivered to the buyer instead of the item actually ordered if the goods originally ordered are no longer available. The retailer is no longer permitted to do this. This GTC clause must therefore also be removed.

Information on website and GTC must be identical

In general, every online retailer should adapt the information in the GTC to that on the website. This is because, according to the new legal regulation, the pre-contractual information obligations are also part of the concluded contract. For example, the pre-contractual cancellation policy. If the information on this cancellation policy on the website differs from that in the GTC, the contract would be contradictory and therefore invalid.

Post-contractual duty to inform

A further adjustment following the implementation of the Consumer Rights Directive is the "Post-contractual duty to inform". This requirement already applied under the previous law. However, this contract confirmation must now contain all mandatory information. It must therefore at least be adapted.

Price labelling

Also the Price labelling is affected by the legal changes. Retailers are obliged to indicate the prices in a specific offer, but also in advertising. The information that must be included is specified.

However, it is no longer necessary to include the price in adverts referring to an item available online, stating that it also includes VAT. So instead of "10 euros incl. VAT", just "10 euros".

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