There is a black list for commercial tenants
Appendix to Section 3 (3) of the Act against Unfair Competition (UWG) / Black List
The appendix to Section 3 (3) UWG is referred to as a "black list". It contains 30 facts of unfair behavior, which are unfair in any case and can therefore be warned.
Side effect: A violation of the prohibition of conduct by an entrepreneur justifies the immorality of his actions. Contracts that came about through immoral behavior on the part of the entrepreneur are therefore void according to § 138 BGB.
Inadmissible business activities are according to the appendix to § 3 Abs. 3 UWG:
"To adorn oneself with borrowed plumes"
1. the false statement by an entrepreneur that he is a signatory to a code of conduct;
2. the use of quality marks, quality marks or the like without the required approval;
Example: organic seal or "Blue Angel"
3. the false statement that a code of conduct has been approved by a public or other body;
4. the false statement that an entrepreneur, a business act carried out by him or a product or service has been confirmed, approved or approved by a public or private body, or the false statement that the conditions for the confirmation, approval or approval have been met ;
Example: "Publicly recognized / state-approved / state-approved / ..."
"Promises that cannot be kept"
5. Offers of goods or services at a certain price if the entrepreneur does not explain that he has sufficient reasons to assume that he will not be able to offer these or similar goods or services for a reasonable period of time in an appropriate amount To provide the price or to have it provided (bait offers). If the stock is shorter than two days, it is up to the entrepreneur to prove the adequacy;
"Promises you don't want to keep"
6. Offers of goods or services at a certain price, if the entrepreneur then, with the intention of selling another good or service instead, shows something faulty or refuses to show what he has advertised or refuses to accept orders or the to provide the advertised service within a reasonable time;
"Put consumers under time pressure"
7. the false statement that certain goods or services are generally available or only available under certain conditions for a very limited period of time in order to induce the consumer to make an immediate business decision without the consumer having the time or opportunity to make a decision based on information;
Example: "Only today", "Today and never again", or something similar
8. after-sales services in a language other than that in which the negotiations were conducted prior to the conclusion of the transaction, if the language originally used is not the official language of the Member State in which the trader is established; this does not apply if consumers are informed before the transaction is concluded that these services will be provided in a language other than the language originally used;
Example: After signing the contract, everything is only in English
9. the false statement or the creation of the incorrect impression that goods or services are marketable;
Example: Trading, buying and selling the goods or services must be allowed.
"Advertise with a matter of course"
10. the untrue statement or the creation of the incorrect impression that statutory rights represent a special feature of the offer;
Example: "Two year warranty on new goods"
11. the use of editorial content financed by the entrepreneur for the purpose of sales promotion, without this connection being clearly evident from the content or the type of optical or acoustic representation (advertising disguised as information);
Example: Fictitious newspaper articles
12. false information about the type and extent of a risk to the personal safety of the consumer or his family in the event that he does not purchase the goods offered or does not use the service offered;
13. Advertising for a good or service that is similar to a competitor's good or service, if this is done with the intention of misleading about the commercial origin of the advertised good or service;
"Snowball or pyramid systems"
14. the introduction, operation or promotion of a sales promotion system which gives the impression that remuneration can be obtained solely or mainly by introducing additional participants into the system (snowball or pyramid system);
"Falsehoods, exaggerations and inaccuracies"
15. the false statement that the entrepreneur will soon give up his business or relocate his business premises;
16. The statement that a certain product or service can increase the chances of winning a game of chance;
17. the false statement or the creation of the incorrect impression that the consumer has already won a prize or will win it or will win a prize through a certain act or obtain another advantage if such a price or advantage does not actually exist, or if in any case the possibility of obtaining a price or other benefit from the
Payment of a sum of money or the assumption of costs is made conditional;
18. the false claim that goods or services can cure diseases, functional disorders or malformations;
19. a false statement about market conditions or sources of supply in order to induce the consumer to purchase or use goods or services on less favorable terms than the general market conditions;
Example: "Made in Germany", "we produce in Germany" although this is not the case
20. the offer of a competition or a prize draw if neither the promised prizes nor a reasonable equivalent are awarded;
21. the offer of goods or services as "free", "free of charge", "free of charge" or the like, if costs are nonetheless to be borne for this; this does not apply to costs in connection with the acceptance of the goods or service offer or are unavoidable for the collection or delivery of the goods or the use of the service;
Example: Undisclosed basic fees or minimum purchase
22. the transmission of advertising material, including a request for payment, if this gives the incorrect impression that the advertised goods or services have already been ordered;
Example: address book and subscription swindle
23. the false statement or the creation of the incorrect impression that the entrepreneur is a consumer or does not work for the purposes of his business, trade, trade or profession;
Example: Many eBay dealers are classified as commercially active because of the scope of their activity
24. Falsely stating or giving the incorrect impression that customer service is available in connection with goods or services in a Member State of the European Union other than that of the sale of goods or services;
"Take it by surprise and build up pressure"
25. Creating the impression that the consumer cannot leave certain premises without first concluding a contract;
26. In the event of a personal visit to the apartment, failure to comply with a request by the person visited to leave it or not to return to it, unless the visit is justified in order to legally enforce a contractual obligation;
"Let consumers run up"
27. Measures by which the consumer is to be prevented from asserting his contractual rights from an insurance relationship by requiring him to submit documents when asserting his claim that are not required to prove this claim, or that letters are sent to Assertion of such a claim is systematically not answered;
28. the direct invitation to children included in an advertisement to purchase the advertised goods themselves or to use the advertised service or to induce their parents or other adults to do so;
"Supplemented goods and services"
29. the request to pay for goods or services that have not been ordered or a request to return or store goods that have not been ordered, unless it is a substitute delivery that is permissible under the provisions on the conclusion of contracts in distance selling and
30. the express statement that the entrepreneur's job or livelihood is at risk if the consumer does not buy the goods or services.
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