Mobile Mobile remains the most important point in E-Commerce. Search engines penalize them with a lower ranking and mobile visitors usually turn immediately. This remains mobile ready of the big trend in E-Commerce — also in
In common, contracts can be concluded on the internet like in normal business life. A need for clarification is given in questions of conclusion of such contracts and formal contract requirements such as the requirement of a written form.
Sole advertisings or advertising like utterances are normally not seen as binding offers. The potential client makes an offer from his side by clicking on the advertisement or sending an email, stating that he is willing to buy a product or order a service.
In cases of automatically running online services, without the involvement of people, a parallel to automatic vending machines is obtruding. This called computerized explanationswhich are automatically generated and electronically sent with the help of a computing program, are declarations of intent in a legal way, because the program itself is based on a human decision, which can be seen as a declaration of intent.
The offer is good while supplies last. Problems in arrival For electronic declarations of intent on the world wide web, as well as email communication, the principals for conclusions of declarations of intent amongst absentees according to article I 1 BGB apply.
Merely under the circumstances that the electronically used form of communication creates a situation equal to a face to face conversation e. In this case a declaration of intent becomes operative at the time the recipient perceives it.
By installing an electronic mailbox and making the address public the electronic correspondence is opened by the dealer. Henceforth the dealer must be aware of the fact that customers anticipate that their mailing is received and read at once. The constant jurisdiction presumes that the mail arrives by closing time of business at the latest.
Therefore, it applies that an e-mail to a private person is received at the next day. Prudent businessmen For prudent businessmen some specifics must be considered.
The main case of application in e-commerce is the letter of confirmation. In these cases, complete silence is seen as confirmation by consuetudinary law. In consequence, orders by email or mouse click are confirmed this way. In former times, all legal transactions which required the written form, according to article BGBwere exempted from digital communication, due to the fact that an electronic signature was not available.
These days, electronic signatures are available, but in Germany only so called qualified electronic signatures QESaccording to article 2 Nr. Disclaimer This page was written first by Ass.
Readers should not act in accordance to and on the basis of any statement contained on this page without seeking professional juridical advice. All authors and persons working on this page as well as the owner of the Wiki — Website expressly disclaim all and any liability to any person who has read this article.Overstock lacks the funds, moat and size to compete in the e-commerce space against giants such as Amazon.
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