Commercial use of Suchen.Expert
Businesses, self-employed persons and other users acting commercially or professionally are generally responsible for the offers they publish and the legal transactions arising from them.
Information about the provider, goods or services, condition, price, taxes, shipping costs, delivery terms, delivery time and availability must be accurate, complete and understandable insofar as it is relevant to the particular offer.
1. Offers to consumers
Anyone offering goods or services to consumers must comply with additional consumer protection rules.
Depending on the type of offer, the following may apply in particular:
pre-contractual information obligations,
rules on price indications,
rights of withdrawal for distance contracts,
statutory rights concerning defects,
product safety and product labelling requirements, and
accessibility requirements where applicable.
For distance contracts, entrepreneurs must, before consumers make their contractual declaration, provide in particular the legally required information about the goods or services, the entrepreneur's identity and contact details, prices and other contractual terms. The details follow in particular from Article 246a EGBGB.
A statutory right of withdrawal generally exists for distance contracts under § 312g BGB in conjunction with § 355 BGB. However, the law provides for various exceptions.
2. Prices and price indications
Anyone offering goods or services to consumers with an indication of price must comply with the Price Indication Ordinance.
Where the PAngV applies, the total price including VAT and other price components must be stated in particular. Certain goods may additionally require a unit price. Further special requirements apply to price reductions.
Price indications must be clearly attributable to the relevant offer, easily recognisable and clearly perceptible.
3. Statutory rights concerning defects
When selling goods, entrepreneurs must comply with the statutory rules on material defects and defects in title.
If a sold item is defective, the buyer may in particular be entitled to subsequent performance and, subject to the relevant statutory conditions, a price reduction, rescission or damages. Additional rules on consumer sales apply when dealing with consumers.
Statutory consumer rights must not be excluded or restricted through unlawful contractual terms or statements in the offer.
4. Product safety
Anyone offering products must comply with the applicable product safety rules.
For consumer products, the requirements of Regulation (EU) 2023/988 on general product safety may be relevant in particular.
For online and other distance sales offers, Article 19 of the Regulation requires certain clearly visible information for the products covered, including the identity and contact details of the manufacturer or, where applicable, the responsible person, and information identifying the product.
Entrepreneurs must also observe any applicable warnings and safety information and special labelling, registration or recall obligations.
5. Data protection
Anyone processing personal data in connection with their offers is responsible for complying with the applicable data protection rules.
In particular, personal data may be processed only on a lawful basis and for specified, explicit and legitimate purposes. The principles of data minimisation, accuracy, storage limitation, integrity and confidentiality must also be observed, among others. This follows in particular from Articles 5 and 6 GDPR.
6. Third-party rights and other legal requirements
Published content must not infringe third-party rights.
The following must be observed in particular:
copyright,
trademark and other distinctive sign rights,
personality rights,
competition law rules,
provisions protecting minors, and
statutory prohibitions or restrictions on certain goods and services.
Additional authorisation, registration, information or labelling obligations may exist for certain sectors, products or services.
7. Accessibility
Since 28 June 2025, the requirements of the German Accessibility Strengthening Act have applied to certain products and services.
The areas covered by the BFSG include certain e-commerce services. Under § 3(3) BFSG, microenterprises offering or providing services are generally exempt from the requirements of § 3(1) BFSG. Whether the BFSG applies to a particular offer must be assessed in each individual case.
8. Responsibility of the commercial user
Commercial users are responsible for ensuring that their offers and business details comply with the legal requirements applicable to them.
In particular, they should check whether
the business and contact details are up to date,
the offer is described accurately and completely,
all required price and consumer information is provided,
required product and safety information has been supplied, and
necessary authorisations or registrations are in place.
Role of Suchen.Expert
Suchen.Expert provides the technical platform for publishing offers and for communication between users.
Unless expressly stated otherwise, Suchen.Expert does not become a party to transactions concluded between users.
Suchen.Expert does not conduct an individual tax, legal or specialist assessment of offers published by users.
This information provides general guidance and does not replace a legal or tax assessment of the specific individual case.
