Chancellery Pilarski

Internet law

Internet law includes those legal issues that deal with legal problems relating to the use of the Internet. In principle, Internet law cannot be presented as an independent area of ​​law. This area of ​​law is a mixture and overlapping of various other areas of law. Among other things, contract law in the form of distance selling contracts, competition law, data protection law, media law, telecommunications law and copyright and trademark law meet there.

Online shops are very often involved in disputes. It is now possible for almost every citizen to set up an online shop. Many do this as a part-time job. It offers the flexible possibility of additional income or even main income. However, the legal pitfalls should not be underestimated.

There are many legal requirements to be observed. On the one hand, a trade has to be properly registered in a large number of cases. The online shops themselves must contain service provider identifications according to the TMG, the so-called imprint. The general terms and conditions must not place the contractual partners at an unreasonable disadvantage. The right of withdrawal must be observed. These are all points that, if ignored, can lead to expensive warnings, which can even mean the ruin of a small business owner.

It is all the more important to get legal advice!

eBay account blocked

eBay is one of the largest online marketplaces to buy and sell goods. You can create an account or membership account in just a few minutes and you can start doing your first online business. Here it is not uncommon for eBay, which regularly checks your members and their relationships with other accounts, to block accounts. Members will then no longer be able to transact business via the platform. This can regularly have ruinous consequences for commercial sellers and buyers.

This is where my work for you begins. It is extremely difficult legally to enforce claims against eBay. Because eBay has general terms and conditions that secure the rights of the platform. In my experience with clients against eBay, it makes sense not to shoot with sharp weapons at first, but to strive for an out-of-court settlement on a legal basis. eBay is a trading platform that only wants to ensure fair and legally correct business transactions on your side. If eBay becomes aware of transactions that violate the law and if members behave in a way that violates applicable legal regulations and regulations agreed with eBay, eBay may well block members' accounts. Of course, eBay has a great interest in enabling members to conduct business on the trading platform, since it can of course participate in the respective sales through fees and commissions. These can be particularly high for entrepreneurs. Therefore, through negotiations, I have already managed to reach an agreement without going to court with eBay.

Feel free to contact me if you have a problem with your eBay account!

eBay auction cancellation

On the eBay trading platform, umpteen transactions are concluded and processed every day. It regularly happens that sellers are not satisfied with the existing bids on the goods after an item has been put up for auction. Therefore, you cancel the auction even though there are already bids from prospective buyers.

In principle, there is case law that when a bid is submitted, a purchase contract is concluded with the seller, which is subject to the condition that the bid is the highest after the end of the auction time. If the seller now cancels this auction without reason, then there is a binding purchase contract between the seller and the highest bidder for the item placed at the price that was the highest at the time of the cancellation.

The purchase contract obliges the buyer to pay the offered purchase price and the seller to transfer ownership of the goods free of material and legal defects. If he thinks that the purchase price offered was not high enough for him and that he could simply cancel the auction, then he is wrong.

The buyer must then ask the seller for subsequent performance, i.e. for the transfer of ownership of a defect-free item, setting a deadline. If the seller does not fulfill the request, the buyer is entitled to compensation instead of performance. According to prevailing case law, the objective value of the purchased item minus the purchase price offered is to be replaced. That is, if you have placed a bid of €10.00 on a statue that is also being offered for sale at €1,800.00 and the seller cancels the auction while you are the highest bidder at €10.00 then you can demand the objective value of €1,800.00 minus the €10.00 purchase price as compensation.

You are welcome to contact me if you think a buyer has canceled an auction without justification!