01.12.2012 | answered by Jan Wilking
The GmbH is in liquidation, the blocking period is over. The creditors have been satisfied. The GmbH has not been deleted yet. Now there are complaints / warranty claims from customers. Is the GmbH still liable for this? There are no assets of the Gm...
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19.11.2012 | answered by Jan Wilking
Given the following scenario: A German seller acts as a business intermediary on a commission basis between Far Eastern traders who want to sell their goods (primarily electronics) and customers on major sales platforms like Amazon / Ebay. This is ne...
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03.05.2012 | answered by Andreas Scholz
Dear Sir or Madam,
we would like to sell our property and have given a qualified sole agency mandate to a broker, which includes the following passage:
"This qualified sole agency mandate relates to the provision of potential buyers or the negotiat...
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03.02.2012 | answered by Steffan Schwerin
Dear Sir or Madam,
I am not satisfied with the reference letter for my mother and believe that there is a need for significant corrections.
Would you be able to review the letter and draft a letter to the employer with the necessary corrections?
T...
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15.11.2011 | answered by Steffan Schwerin
Dear Sir or Madam,
Recently, a hair removal studio has been opened on the ground floor of the residential building where my family and I have been living for years. Consequently, there are many customers standing in front of the door of this studio ...
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01.11.2011 | answered by Dr. Danjel-Philippe Newerla
We would like to offer private and commercial customers the opportunity to decorate beverage bottles of their choice with self-designed and manufactured shrink sleeve labels, as seen on www.jouwheineken.nl. The private customer purchases the desired ...
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18.08.2011 | answered by Dr. Danjel-Philippe Newerla
Hello - I have been working for a Florida-based company since 1989. I am German, living and working in Germany. I am a food broker, supplying food to customers of the American military and embassies in Europe. I am paid in US dollars and pay my taxes...
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18.05.2011 | answered by Jan Wilking
Dear Sir or Madam,
I am a premium bicycle dealer and I have the following issue: Customer XX purchased a road bike in matte white color for just under 5000 euros a year ago. The bicycle frame had a small paint damage from the manufacturer, which was...
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15.05.2011 | answered by Bernhard Müller
Hello, dear lawyer.
I am a self-employed singer and I enter into engagement contracts with various organizers - mainly private clients - via email. For example, for a performance of vocal contributions in a church. This means that a customer writes t...
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28.04.2011 | answered by Dr. Danjel-Philippe Newerla
Subject: Disputes with energy providers.
An existing electricity contract with Vattenfall was terminated by the customer with a written notice for 31.12.2010. The next day, Yello-Strom was instructed to supply electricity from 01.01.2011. However, wi...
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27.04.2011 | answered by Tobias Rösemeier
Dear Sir or Madam,
I run a company for household clearances and rubbish removal.
My advertising is accessible through google. On 11.04.11 I was called by a customer and asked for a site visit in order to provide a quote. The visit took place on 18....
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18.04.2011 | answered by Steffan Schwerin
I have been working as a subcontractor for a building cleaning company for several months and have on my website a glass cleaning offer form and a form to schedule online appointments, structured in the same way as for the company I am subcontracting...
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14.02.2011 | answered by Dr. Danjel-Philippe Newerla
Dear Sir or Madam,
I would like to add links and descriptions to medications in foreign countries (e.g. in the USA) on a website. Additionally, I would like to mention shipping costs, shipping time, etc. to Germany.
The page should be structured as ...
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13.12.2010 | answered by Jan Wilking
Dear Sir or Madam,
The following situation: Let's say I have an online shop (in Germany) in which I sell a product that is marketed as a bath salt.
However, most customers use it as a means to get high. I also warn on my website against human consu...
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17.10.2010 | answered by Dr. Danjel-Philippe Newerla
Recently, I signed a rental agreement for a private apartment through a real estate agent. I am aware of the legal agent's commission amounting to 2 months' rent and was informed about it by the real estate agent. I have already signed the rental agr...
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15.09.2010 | answered by Steffan Schwerin
I sent my wife to the tile paradise to get a quote on tiles. The form says Quote-Order-Invoice. The type of porcelain tile was noted, as well as the note "exact quantity will be provided." Unfortunately, my wife signed in the middle of the form, but ...
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12.09.2010 | answered by Tobias Rösemeier
Good day!
In a construction contract, the following was agreed upon:
Page 3:
...The buyer acquires two independent apartments, which are to be combined into one apartment unit. ....
Page 4:
The seller sells to the accepting buyer on the aforementio...
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27.06.2010 | answered by Bernhard Müller
Hello,
I have signed an employment contract with a temporary employment agency. There was a special agreement attached to this contract, which states:
"Liability for damages"
For the use of labor, ARWA incurs costs for personnel placement in the am...
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23.05.2010 | answered by Steffan Schwerin
Hello,
I have won item number 190395028038 on eBay. This is a 4x4 (all-wheel drive) ATV (also known as a quad bike). The auction stated: no warranty - private sale. No mention of defects. When I asked the seller during handover if there were any def...
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24.03.2010 | answered by Steffan Schwerin
Dear Sir or Madam,
I work in a wholesale company and had an unfortunate incident last week. My area of responsibility primarily involves scheduling. Prior to a company restructuring, I was performing the duties of an assistant, which included purcha...
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24.02.2010 | answered by Dr. Danjel-Philippe Newerla
Dear lawyers,
I have been employed as an external employee at a temporary employment agency since 10.09.2007. The employment contract was initially temporary, was extended several times, and has been unlimited since 01.07.2009. One of the criteria f...
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21.02.2010 | answered by Steffan Schwerin
Good day!
In an older post, I have already read that a change termination can be issued before the end of parental leave. My parental leave ends in spring '10; I have been with the company for eight years. I am a single parent with one child.
I had a...
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12.02.2010 | answered by Bernhard Müller
Hello,
I rented premises for commercial purposes as of 01.02.2010.
After signing the lease agreement, it was communicated to me 2 days before the start of the lease that construction work was scheduled to take place right in front of this property....
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23.11.2009 | answered by Steffan Schwerin
Hello.
I run a travel agency and today I received a warning from the Competition Center for alleged "deception about the exclusivity of a supposed advantage" (§§3 para.1,5 para.1 UWG). The Competition Center has various advertising materials (with an...
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21.11.2009 | answered by Steffan Schwerin
I worked in a company that operates an online shop! Since I became pregnant, I could no longer paint and sandblast (toxic fumes and fine dust), so my boss wanted to terminate my employment. I appealed, but my boss did not respond at all. So I hired a...
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