A warning from lawyer Lutz Schröder for the company MissionDirect eCommerce GmbH was presented to me for review. If you too have received such a warning, I would be happy to advise you as well.
Regarding the present warning:
First of all, it is stated that the warning lady offers sound carriers for sale on the Internet platform eBay, among other things. The complaint is then made that the person who has been warned is acting as a private seller, although the offers are of a commercial nature.
In addition, it is pointed out in the warning letter that information on the provider identification, an instruction of the consumer about the right of withdrawal, the reference to the existence of a statutory right to liability for defects as well as the information and link to the online dispute resolution platform are missing. In this context, however, it is made clear that the warning is directed solely against the alleged false statement by the person warned that he is a private seller.
Regarding the demands in the present warning:
With the warning, the submission of a cease-and-desist declaration and a declaration of commitment is required with a deadline.
In addition, the warned party should pay legal fees of 953.40 euros.
My assessment:
You should take a warning under competition law, such as this one, seriously, even if you only sell sound carriers that you own. Even a small number of sales/evaluations and ongoing offers can legally be assessed as a planned offering of goods for a fee in the sense of a commercial activity. This must be checked and evaluated on a case-by-case basis.
In the case of the present warning, the attached pre-formulated cease-and-desist declaration and declaration of commitment is, in my opinion, too one-sided in favor of the warning person.
My recommendations:
- Under no circumstances sign the pre-formulated cease-and-desist declaration prematurely without legal advice.
- Also, do not make any payment without prior consultation.
- First get legal advice.
About me and my job:
As a specialist lawyer for commercial legal protection at Internetrecht-Rostock.de, I constantly advise those who have been warned like you and therefore have experience from a large number of warning proceedings.
The law firm Internetrecht-Rostock.de has been providing information on topics from the field of Internet law on its website of the same name for more than 10 years with more than 2,000 articles.
I can also advise you by phone nationwide at short notice. As part of my consultation, I will discuss with you the legal situation and the various alternative courses of action with the respective advantages and disadvantages. Of course, you will also receive specific recommendations from me on how to proceed.
Have you also received a warning?
If you have also received a warning from the lawyers … for the …, you can easily get in touch with me using the contact details provided:
- just call me
- email me
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Elisabeth Vogt
lawyer
Specialist lawyer for commercial legal protection
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