Already received a warning because of the ElektroG or BattG?
We advise online retailers from various industries and therefore know exactly which legal requirements have to be observed.
That may only be a matter of time before the first warnings arrive. Because there are numerous laws and regulations that you have to consider when operating an online store on Amazon, eBay and Co.
The focus is also on information obligations under the Battery Act (BattG) and the Electrical and Electronic Equipment Act (ElektroG).
The battery law
Do you also sell goods with a rechargeable battery, a used battery or other electronic devices? Then special legal information obligations could be relevant for you, no matter if you offer only battery powered toothbrushes or ovens, refrigerators and the like.
The battery law, which came into force on 01.12.2009, replaces the previously valid battery regulation. Affected by the law are all online retailers who sell batteries to end users or sell products that contain batteries. The most important rule is § 18 para. 1 S. 2 BattG. This standard regulates what the trader must point out and how he has to deal with it.
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.
The ElektroG
According to the ElektroG you only have to comply with information requirements when you reach a certain size. If there is a storage and dispatch area for electrical and electronic equipment of more than 400 square meters, then the information requirements of § 18 para. 2 S.1 ElektroG. In this case, it is also necessary to have a separate button or similar. to set up. You have to clarify here about the possibilities of the return of old electrical appliances, about the personal responsibility of the end user with regard to the deletion of personal data on the waste equipment to be disposed of and the meaning of the symbol of the crossed-out wheelie bin (Annex 3 to § 9 para. 2 ElektroG).
If you do not reach the size indicated above, you will not be bound by the ElektroG.
Special case: CLP regulation
The CLP Regulation (European GHS Regulation (EC) No 1272 / 2008) is a European regulation that basically wants to achieve a pan-European, uniform system for the classification, labeling and packaging of substances and mixtures. Hidden in Art. 48 of the CLP regulation, however, there is a duty of information that concerns more online retailers than might be suspected at first glance. In particular, if in your inventory products such as cleaning agents, pipe cleaners, detergents, paints, varnishes, grill lighter, lubricants, lighters, fireworks, building materials, or similar. These notices may be relevant to you.
According to Art. 48 para. 2 CLP Regulation, you must also indicate the specified risk characteristics of the products that you find on the label of the product in the item description, if otherwise the end user could conclude a contract of sale with you, without the label of the Product gets to face.
You see, especially as an online retailer, you can meet a variety of information and information duties, the above list is by no means final and other special rules for your online shop might be relevant.
We advise online retailers from various industries and therefore know exactly which legal requirements have to be observed.
We are happy to check your internet presence. Just contact us and join us Internet law specialized Attorney Stephen Hendel is available to you with help and advice.
Hello, I got a hearing here because of an administrative offense and don't know how to behave. I should have sold BattG and ElektroG between May 01.05.2019st, 05.04.2022 and April 27.09.2021th, XNUMX, which is partly true. I already registered for ElektroG on September XNUMX, XNUMX on the EAR portal and also with Lucid. I would like to take your help and also know the costs. LG Aksu
Dear Mr Aksu,
we can of course help you in this area. It would be best if you email us info@gabler-hendel.de write or call us on 0941 / 307 94890. We will then be happy to advise you in detail and agree on the costs for this.
With kind regards,
Stephan Hendel
Lawyer