Geschäftsbedingungen und Verbraucherschutz

Terms & Consumer Protection

Draft General Terms and Conditions (GTC / ÁSZF) that accurately reflect the product's contracting, payment, fulfillment, and termination flows while respecting mandatory consumer protection laws.

Core Contracting & Consumer Rules

1. B2C vs. B2B Segmentation:
   • Clearly separate clauses that apply to Consumers (B2C) from those that apply only to Business Customers (B2B).
   • Never apply B2B-only exclusions (such as excluding statutory withdrawal rights, mandatory consumer warranties, or consumer home-court jurisdiction) to consumers.
2. Pre-Contractual Information & Checkout Flow:
   • Verify that before a user is bound by a paid contract or trial conversion, they receive clear information on: trader identity and contact details, main characteristics of the digital service, total price inclusive of taxes (or calculation method), billing frequency, minimum duration, renewal and cancellation conditions, interoperability/technical requirements, and complaint handling.
   • Ensure the checkout button explicitly indicates an obligation to pay (e.g., Directive 2011/83/EU Art. 8(2)).
3. Subscriptions, Free Trials & Auto-Renewal:
   • State clearly how free trials convert to paid plans, when recurring charges occur, how price or plan changes are notified in advance, and what happens to user data upon downgrade, expiration, or termination.
4. Right of Withdrawal & Digital Content/Service Exceptions:
   • Explain the statutory 14-day right of withdrawal for EU/UK consumers and provide the model withdrawal notice/form.
   • Where immediate digital content or SaaS access is provided during the withdrawal window, distinguish:
     • Digital content not supplied on a tangible medium: Loss of withdrawal right requires the consumer's prior express consent to immediate performance, their acknowledgment that they thereby lose the right of withdrawal, and trader confirmation on a durable medium.
     • Digital services: Proportional payment rules or full performance waiver requirements under applicable consumer law.
   • Verify that online withdrawal/cancellation functions (including two-step electronic withdrawal/cancellation buttons and durable-medium acknowledgment emails where mandated) match the UI implementation.
5. Unfair Contract Terms & Remedies:
   • Avoid blacklisted or grey-listed unfair consumer clauses (unilateral price or feature changes without valid reason and termination right, disproportionate liability exclusions, one-sided termination barriers).
   • Include clear statutory conformity/warranty rules for digital content and services (e.g., Directive (EU) 2019/770), customer support channels, complaint handling timelines, and applicable consumer arbitration/ADR disclosures.