Online retailers also need a vacation sometimes. In this context, we are repeatedly asked in our consulting practice what the online retailer must take into account when designing his online shop in the event of a company holiday in order not to expose himself to the risk of a warning. In the following article we have examined this question, although the solutions presented do not claim to be complete.
Responsibility even in the event of absence due to vacation
If you are a retailer who runs an online shop and cannot rely on employees or other people to manage the fortunes of your online shop during your vacation, you should take some precautions before your vacation so that you do not experience unpleasant surprises after your vacation.
One thing in advance: The operator of an online shop remains responsible for his shop even if he is absent due to vacation. The retailer cannot avoid this responsibility by taking his online shop offline during his vacation. The dealer’s business continues to exist in this case and so does the associated general duty of care of an entrepreneur. This includes, among other things, the obligation to respond in a timely manner to important correspondence that relates to the dealer’s business. In principle, in such a case, every operator of an online shop should take care of a suitable representative who can at least handle important correspondence for him.
What applies to the current offers in the online shop?
Another problem that arises in connection with the retailer’s holiday-related absence is the ongoing offers in the online shop. If the retailer does not want to take his shop offline during his vacation, he must expect that orders will come in from customers that he has to serve while he is away. In order not to get into trouble, different approaches to solutions are conceivable:
1. Deactivation of all ongoing offers
If the retailer wants to avoid being able to place orders from customers during his vacation that he might have to serve during or after his vacation, he could set all offers to the status “Item currently not available” and deactivate the electronic shopping cart function. However, the retailer should explicitly point out that orders cannot be accepted temporarily due to a company holiday, otherwise the customer could doubt the integrity of the shop. The retailer should also indicate when orders will be accepted again.
Example:
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This solution has the advantage that the retailer does not have to worry about uncontrolled incoming orders during his vacation and the associated increased workload after returning from his vacation. However, with this solution, the retailer may miss out on additional sales during his vacation.
2. Direct adjustment of delivery times
If the retailer would like to accept orders in the shop during his vacation and also conclude contracts with customers, he would have to clearly inform the customer in advance of the resulting longer delivery times, unless he also wants to deliver the goods to the customer at short notice despite his vacation-related absence.
The retailer could adjust all existing delivery time information directly in the offers by extending the delivery time specified accordingly.
Example:
“Delivery time: 14 days”
However, in this case too, the retailer should explicitly point out the temporary circumstance of longer delivery times due to the company holiday, as the customer is used to shorter delivery times in online trading under normal circumstances and this could otherwise lead to a permanent competitive disadvantage for the retailer.
Example:
“Please note that we will be on holiday from XXX to XXX and will only be able to process orders received during this period after we return. Therefore, there are temporarily longer delivery times for our items. Thank you for your understanding.”
This solution has the advantage that the shop continues to run even during company holidays and, if necessary, generates sales. However, with this solution, the retailer has to individually adjust all existing delivery time information, which may involve a considerable amount of work.
3. Generally binding reference to longer delivery times
As an alternative to directly adjusting the existing delivery time information, the retailer could also point out in a generally binding notice in his shop that the specified delivery times will be extended by a certain period of time during the company vacation.
It is important that the notice is designed and placed so clearly that under normal circumstances the customer can take note of it before initiating the electronic ordering process (placing the goods in the virtual shopping cart) and take it into account when making their purchase decision.
A corresponding notice should therefore be prominently displayed (e.g. in red writing) and in the immediate vicinity of the online shop’s homepage as well as on every item page from which an item can be placed in the electronic shopping cart for the first time Delivery time information can be placed and could be something like this:
Example:
“Please note that we will be on holiday from XXX to XXX and will only be able to process orders received during this period after we return. The delivery times stated for our articles are therefore extended by 14 days. Thank you for your understanding.”
It should be noted that the note must not only be integrated as an image file (e.g. JPG file) but as text, since image files cannot be read by, for example, aid programs for visually impaired people.
This solution has the advantage that the retailer does not have to adjust all existing delivery time information individually, but can essentially “revise” them in a bundle. However, with this solution in particular, care must be taken to ensure that it is implemented correctly so that the retailer is not accused of providing misleading delivery time information.
What applies to returns during company holidays?
Anyone who sells goods to consumers online must expect returns at any time, be it within the scope of the statutory right of withdrawal or within the framework of statutory liability for defects. In this respect, the dealer is bound to the legal requirements and cannot deviate from them to the detriment of the consumer. In particular, the law provides for clear legal consequences and deadlines for the statutory right of withdrawal, to which the retailer is bound even if he is on company vacation. If the consumer exercises his right of withdrawal and returns the goods that have already been delivered to the dealer during his company vacation, the dealer must nevertheless comply with the statutory repayment obligation of 14 days (Observe § 357 Para. 1 BGB). Otherwise the dealer would be in default with his repayment obligation. He cannot claim that he is not responsible for the delay due to his (announced) company vacation. The dealer must ensure that operations run smoothly even during his absence, and he may have to be represented if necessary. A note about delays in the processing of possible returns during the company holiday in the online shop would therefore not relieve the retailer in this respect.
Conclusion
In the event of a company holiday, online retailers must take some precautions in order not to expose themselves to the risk of a paid warning. For important correspondence relating to his business or for processing returns, the dealer must be available even during his vacation or at least ensure proper representation. To operate their online shop while on vacation, retailers can choose between different solutions, with each solution having advantages and disadvantages. If the online shop is to continue to operate during the retailer’s vacation with the possibility of placing orders, the retailer must particularly ensure that customers are sufficiently clearly informed about the longer delivery times.
Do you have questions about the correct design of your online shop in the event of company vacation? We are happy to help!
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