also for all other traders who use general terms and conditions vis-à-vis consumers.
1. section 36 para. 1 of the Consumer Dispute Resolution Act stipulates that a trader who maintains a website or uses general terms and conditions must provide consumers with easily accessible clearly and comprehensibly
- of the extent to which he is willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board,
- (must) refer to the competent consumer arbitration board if the trader has undertaken to participate in a dispute resolution procedure (...).
§Section 36 para. 2 VSBG stipulates that the information pursuant to para. 1
- (must) appear on the trader's website if the trader maintains a website,
- (must) be provided together with its general terms and conditions if the trader uses general terms and conditions.
2 In this context, it is still unclear whether it is sufficient if the information is only included in the general terms and conditions that can be accessed online, but cannot be accessed separately on the website. As a precautionary measure, we therefore recommend information both in the GTC and separately on the website.
3. the obligation to provide information pursuant to Section 36 I VSBG does not apply to traders who had 10 or fewer employees on December 31 of the previous year, although each part-time employee is counted in full.
In order to comply with these information obligations, the following information, for example, should be provided on the website and in the general terms and conditions:
Insofar as there is no willingness to participate in dispute resolution proceedings:
"We do not participate in dispute resolution proceedings before a consumer arbitration board and are not obliged to do so."
If there is a willingness to participate in dispute resolution proceedings without further restriction:
"We participate in dispute resolution proceedings before a consumer arbitration board in accordance with the Consumer Dispute Participation Act."
Insofar as there is a willingness or obligation to participate in a dispute resolution procedure by a specific body:
"We participate in dispute resolution proceedings before the competent consumer arbitration board [e.g.] Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V. Straßburger Straße 8, 77964 Kehl am Rhein, phone 07851-7957940, fax 07851-7957941, e-mail: mail@verbraucher-schlichter.de, www.verbraucher-schlichter.de [alternatively, name the specific competent body here with full address and link] in accordance with the Consumer Dispute Resolution Act."
4. further information obligations arise from § 37 para. 1 VSBG. This also applies without restriction to traders who employ fewer than 10 people, but only applies after a dispute has arisen.
§Section 37 para. 1 VSBG obliges the trader to inform a consumer of a consumer arbitration board responsible for him after a dispute has arisen, stating its address and website, if the dispute over a consumer contract could not be settled by the trader and the consumer. He must also inform the consumer whether he is willing to participate in the arbitration. This information must be provided in text form, e.g. by email.
This means that if an amicable settlement of a consumer's claim fails, the consumer must be informed in text form whether the trader is willing or obliged to participate in alternative dispute resolution.
It is disputed whether it makes sense to refer to a specific consumer arbitration body if there is no willingness to participate in an arbitration procedure anyway. Although this appears to be a mere formality, the wording of the law suggests that the indication of a specific arbitration body is also required in these cases.
5 There is generally no obligation to participate in dispute resolution proceedings. In individual cases, however, either special contractual obligations or statutory requirements, e.g. for energy suppliers, may also result in an obligation to settle disputes out of court. If the new legal requirements are not implemented or are implemented incorrectly, there is - as is so often the case - the threat of competition law warnings from competitors or associations.
Dr. Christian Wolff