A person operating a webshop will be confronted to some difficult, tricky legal issues. Which these issues in detail are is depending most of all on the fact whether the purchase orders are to be performed for the private or the entrepreneurial sector, or, to put it in a different way, whether the customers are entrepreneurs or consumers.
Of course, additionally also the type of the goods or services is important, just like the geographical spectrum. If you wish to restrict the online offer via webshop to Austria, questions will be hardly ever posed in respect of the applicable law or the judicial competence in the event of disputes. However, if you wish to operate your webshop at the international level or, as a minimum, in the German-speaking area, in a cross-border system, you will be compelled to deal with these problems.
Since the entry into force of the FAGG (Distance and Outward Business Act) the comprehensive obligations of information of the entrepreneur are opposed to a comprehensive right of withdrawal of the consumer (“right of revocation”), causing thereby some difficulties for webshop operators. Additionally, via the FAGG an Austrian “press-button” has been fixed by statute, in such a manner that now already it is obligatory to make explicit reference to the fact that the process of ordering is subject to valuable consideration.
Consequently, the process of purchase order in an online shop has to be grasped and examined from the legal aspect. The Esztegar Law Office offers a package of consulting on the subject webshop check, in which the whole process will be analysed with the help of an exemplary test purchase order and its conformity with the Austrian law in force shall be revised.