Can I do business without Facebook

Guide to Facebook Shops: As a retailer, you have to consider this

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Who is responsible for the legal questions?

As with other platforms that can be used to sell (such as eBay or Amazon), Facebook, as the platform operator, is not responsible for the content of the shops. Every shop operator on Facebook is responsible for adhering to the legal regulations when offering goods or services.

Is the Facebook shop a real shop?

No. "Facebook Shops" are actually just a kind of product presentation on Facebook:

 

 

The purchase processes themselves or the handling and payment processes do not take place on Facebook, but on the online shop behind it. However, there are various ways in which a contract can be concluded in a Facebook shop.

If there are legal violations, the operator of the shop can be warned for errors in revocation, terms and conditions, prices or shipping information.

How does the conclusion of a contract in Facebook shops work?

The button on Facebook reads "Execute purchase confirmation on website".

 

 

The first problem is that this designation does not correspond to the button solution, which requires a clear designation such as "Buy" or "Order for a fee".

The second problem - there are 3 options for concluding a contract:

1. After clicking the button, the customer lands on a product page in the web shop.

No contract has yet been concluded here.

2. After clicking, the product is in the shopping cart of the shop.

Here, too, no contract has yet been concluded.

3. The product was bought directly by clicking on the button, but you still have to
Contact or payment information can be provided.

In this case - depending on the design of the terms and conditions - a contract may already have been concluded.

The problem in the 3rd constellation is that all essential contract information (terms and conditions, revocation, etc.) is missing. These must be shown to the customer before the contract is concluded. Sellers and service providers should therefore implement the shop in such a way that the contract is only concluded in their own shop and correctly incorporate all mandatory information, terms and conditions and revocation texts there.

What legal requirements must sellers in Facebook shops observe?

Conditions

You also need terms and conditions for sales via Facebook shops. In particular, the points of the conclusion of the contract (see above) must be regulated separately there.

Right of withdrawal

Customers also have a right of withdrawal for orders via Facebook's shops, which they must be informed of.

imprint

Both in the actual shop and on Facebook, you as a seller or service provider need a legally secure imprint.

Data protection

In your "real" online shop you have to include a complete data protection declaration.

Prices

All prices must include VAT (or correctly sales tax). Not only in the actual webshop, but also on Facebook.

Shipping

All prices must show the shipping costs or at least a link to a page with a shipping cost overview.

Product-specific labeling requirements

As with every shop, there are numerous special labeling requirements, depending on what exactly you go: energy consumption, electrical law, textile information, special information on food, etc.

Button solution

All specifications of the button solution (ie the designation of the "Buy" button and the implementation of the actual purchase process) must also be correctly integrated in your shop.

Practical tips for Facebook shops:

1. Most of the “Facebook shops” are not real shops, but refer to an online shop behind them. Here, sellers and service providers have to take care of 2 points: the representation on the Facebook pages and the representation in their own shop.

2. The shop operator, not Facebook, is always responsible for the correct implementation of all legal requirements.

3. You also need terms and conditions, cancellation texts, etc. for Facebook shops, etc. If you are interested, you can find them here: https://shop.e-recht24.de/agb-pakete/

 

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