What are the legal aspects of online shopping?
June 14, 2023 | 30,00 EUR | answered by Christiane Melzer
Dear Internet and Computer Law Attorney,
My name is Sofia Lindach and I am currently researching the topic of online shopping. In today's world, it has become common for many people to conveniently make their purchases from home on the internet. I also enjoy using this option as it saves me time and effort. However, I have recently heard about an increase in problems and legal disputes related to online shopping, which concerns me.
I am wondering what legal aspects I should consider when online shopping to avoid possible conflicts. Are there specific laws or regulations that I, as a consumer, should be aware of and follow? What about my right of withdrawal, if I purchase an item online that does not meet my expectations? What rights do I have if an online retailer misuses or mishandles my personal data?
I want to ensure that I am protected as a consumer and that my rights in online commerce are upheld. Could you possibly provide me with tips and advice on how I can protect myself from potential legal pitfalls when online shopping? I would greatly appreciate your assessment and expertise on this matter.
Thank you in advance for your help and support.
Sincerely,
Sofia Lindach
Dear Mrs. Lindach,
Thank you for your inquiry regarding online shopping and the associated legal aspects. It is understandable that you are concerned about possible conflicts related to purchasing goods online. I am happy to provide you with an overview of the most important laws and regulations that you, as a consumer, should take into account in order to protect yourself from legal pitfalls when shopping online.
In general, the Distance Selling Act applies to online shopping, which grants consumers comprehensive rights. This law regulates, among other things, your right of withdrawal. As a consumer, you have the right to withdraw from the contract within 14 days without giving any reasons and to return the goods. It is important that the online retailer informs you about your right of withdrawal and provides you with a withdrawal instruction. If the retailer fails to do so or provides incorrect information, this may lead to an extension of the withdrawal period.
If a purchased item does not meet your expectations or has defects, you also have warranty rights under the Civil Code (BGB). In this case, the retailer is obligated to remedy the defects or offer you a replacement delivery. If the retailer refuses to fulfill your warranty claims, you have the right to a price reduction or, in the worst case, to withdraw from the contract.
Regarding the protection of your personal data, data protection is of great importance. The online retailer is obligated to treat your data confidentially and only use it for the purpose for which you provided it. If your data is misused or the retailer violates data protection regulations, you can contact the data protection authority and, if necessary, take legal action.
To protect yourself from potential legal pitfalls when shopping online, I recommend carefully reviewing the terms and conditions and privacy policies of the online retailer before making a purchase. Look for reputable providers with transparent information and good reviews. Additionally, it is advisable to process payments through secure methods such as PayPal or credit card to enable a reversal in case of problems.
I hope this information helps you and provides you with more security when shopping online. If you have any further questions or need legal advice, I am at your disposal.
Best regards,
Christiane Melzer
