Imprint and Provider Identification

Every commercial online shop must maintain a complete imprint that is easily recognizable, directly accessible, and permanently available. In Germany, this obligation arises from the Digital Services Act (DDG), which has replaced the previous § 5 TMG. In Austria, the E-Commerce Act (ECG) regulates the information obligations, supplemented by the disclosure obligations of the Trade Regulation Act and the Media Act. The imprint includes, among other things, the name and address of the provider, contact details, information on representation authorization, if applicable, registration and VAT identification numbers, as well as a reference to the competent supervisory authority, if required.

The Right of Withdrawal in Distance Selling

Consumers generally have a fourteen-day right of withdrawal in distance selling contracts. They must be informed of this clearly, understandably, and in a timely manner – ideally with a proper withdrawal instruction and a sample withdrawal form. If the instruction is omitted, the withdrawal period is significantly extended, usually by up to twelve months. In Germany, the right of withdrawal is enshrined in the BGB, while in Austria it is regulated by the Distance and Foreign Transactions Act (FAGG). Both are based on the Consumer Rights Directive and are therefore largely similar in content, but differ in details and terminology.

The Button Solution

Closely linked to the ordering process is the so-called button solution. The order button must unmistakably indicate that the order triggers a payment obligation – the usual formulation is "order with payment obligation." An unclear label such as "complete order" or "sign in" can result in no effective contract being concluded. Immediately before the order, the essential contractual information – goods, total price, duration, shipping costs – must also be clearly presented. This obligation applies in both countries.

Price Tagging and Basic Prices

Prices must be stated transparently, completely, and unequivocally. The German Price Indication Regulation (PAngV) and the Austrian regulations require that the total price, including VAT and all other price components, be stated, supplemented by information on shipping costs. For goods that are offered by weight, volume, length, or area, the basic price must also be indicated, for example, the price per kilogram or liter. Since the implementation of the Omnibus Directive, discounts must also indicate the lowest price from the last 30 days prior to the price reduction – a regulation that is often overlooked in practice and is frequently subject to warnings.

General Terms and Conditions, Warranty, and Contract Law

General terms and conditions are not mandatory, but in practice, they are hardly dispensable to clearly regulate the contractual process. They must be effectively incorporated and must not contain any inadmissible clauses that disadvantage consumers unfairly. In addition, there is the statutory warranty: in Germany, a two-year liability for defects applies, while Austrian warranty law, supplemented by the Consumer Warranty Act, regulates comparable periods. The Austrian Consumer Protection Act (KSchG) also contains specific provisions to protect consumers that German shops should be aware of when selling to Austria.

Packaging Obligations and Extended Producer Responsibility

Anyone who ships goods places packaging on the market – and is therefore subject to registration and participation obligations. In Germany, the Packaging Act (VerpackG) obliges retailers to register in the packaging register LUCID and to participate in a dual system. Austria has comparable obligations for participation in a collection and recycling system. Within the framework of the EU-wide extended producer responsibility (EPR), additional registration obligations apply for certain product categories such as electrical appliances or batteries. For cross-border shops, these obligations multiply for each target country.