What does an online retailer have to point out to the customer?
The dealer must point out to the end customer
- that the batteries can be returned free of charge after use at the point of sale,
- that the end user is legally obliged to return used batteries and
- which meaning the crossed-out wheelie bin (symbol according to § 17 Abs. 1 BattG) has on the products, as well as the meaning of the following chemical symbols: Hg, Cd, Pb (character according to § 17 Abs. 3 BattG).
The crossed-out wheelie bin means that the used batteries are to be disposed of separately from unsorted municipal waste. The other signs can be found on batteries under the crossed-out wheeled bin, which contain more than 0,0005 percent by mass mercury (Hg), more than 0,002 percent by mass cadium (Cd), or more than 0,004 percent by mass lead (Pb).
How exactly does an online retailer need to refer to this information?
According to the Battery Act, the notice must be presented in the presentation medium used by the dealer or attached to the consignment in writing. The instructions can therefore be made directly in the presentation of the product, ie in the item description or in the online catalog, or similar. or just the consignment be attached in writing.
It is interesting, if only a reference in the terms and conditions of the online merchant meets the information requirements. After proper interpretation of § 18 BattG the note on the disposal of waste batteries must be displayed on the Internet so that it is easily visible and readable for the customer. However, the customer does not regularly assume that simple consumer terms are important consumer advices and so you would probably not comply with a simple presentation in terms of the liability notice. Therefore, in the course of the transparency requirement as a consumer, it would be necessary to clearly access the information, eg directly in the article descriptions or as a further button next to the imprint, general terms and conditions, data protection, etc.