internet business processing and contracts

Second Contract
Have you found suppliers and customers and will they agree, then this agreement is a contract legally. Form and content of contracts in the B2B business are largely free.

2.1 Electronic declaration of intent
A contract is concluded when the mutual declarations of will coincide [13]. The determining factor is the expression, not the will. Electronic statements are admissible. It is not only the electronic transmission legally binding, but also the automated receiving, processing and responding to, for example, the automatic check whether the customer paid on time until now, and if an item is available, and the subsequent confirmation. The fact that no one participates or engages, is irrelevant. Such statements are attributable to the sender without further notice. So tune the electronic order and electronic confirmation match, the contract closed.

The presentation of goods and services are on a site are generally not as an unconditional offer. The contract is usually only materializes when the supplier accepts the order.

In order to obtain legal certainty, put on some principles of European law. Then the provider must immediately confirm an order electronically, with the order and the receipt to have been received if the recipient can retrieve it. In addition, a vendor fair, effective and accessible technical means are available, which can be detected with an input errors before submitting the order and corrected [14].

2.2 Digital Signature
Electronic commerce would significantly safer if the statements were digitally signed (Public Key Infrastructure). With the help of an asymmetric encryption method that is able to identify (reliability of sender, server and program), integrity (no corruption of data), and are guaranteed for mutual use and discretion.

As a convenience to the traffic in the right (qualified) electronic signature of a handwritten signature on an equal footing [15]. Wherever that is, where the law requires written form (in the B2B business rather rare), or if the parties provide for their legal relations of the written form, a handwritten signature is necessary. But that is just the electronic data exchange is not possible. The desire for equality of a digital signature with the handwritten signature is therefore understandable.

Although the technical and economic advantages of the digital signature are evident, the legal consequences can be estimated a little. A legal fiction of equality entails the digital signature with the handwritten hidden insecurities. While with the handwritten signature of the nature itself shapes the characteristics of the digital signature must be notarized by a third party that the private key belongs to the person named. The digital signature is thus - unlike the handwritten signature - transferable. A signed declaration of deed may be forged, the digital is not signed.This is not abused by fake, but by fraudulent acquisition of a certificate, by stealing the secret key or by cracking of access protection. Developed in this context special liability rules determine "the legal imperfection" of the digital signature open.

2.3 Amendments Law
It is hardly conceivable that the parties shall be governed in all legal aspects of a deal. Supplier and buyer is not now sit in the same state or jurisdiction, the question arises which national legislation is applicable to the contractual relationship. Here, the parties may in the B2B market - unlike in the consumer sector - the right to choose freely [16].

In the absence of contractual choice of law of that nation, which has the closest relationship with him [17], usually where the party is established, which provides the characteristic performance is below. This is at the right goods and services of the supplier. Shipments of goods among businessmen (purchase and service delivery) occurs in most cases take the place of the national commercial law provisions, the United Nations Convention on the Sale of Goods (known as the Vienna Sales Convention) [18]. This software is a commodity standard [19].

2.4 Business Conditions on the Web
Often sets the provider with additional rules established for the transaction and list them on the website. Such terms and conditions of the contract only if they are accepted by the other party [20]. The prerequisite is that the terms and conditions are perceived by the customer aware that they are not hiding places, but are clearly visible, that the customer does not find many links they have, and that they are unlikely to be extensive.

With these foundations given, it should be possible in the B2B sector, agree to the terms, conditions, and validated by a reference to the website. In the countries of the EU and the EEA requires that these terms and conditions the recipient must be provided that allows him to store and reproduce [21].

Terms and conditions are also effective if a customer does not read. Because in practice this is often the case, has the right to protect the customer develop the principle that unusual or unexpected clauses are invalid [22] or, at best, then one can gain advantage, especially if they are graphically highlighted. As unusual provisions apply to foreign business and are associated with this relationship not to be expected.

In other respects the terms and conditions must also be addressed on the Internet according to the requirements of fairness [23]. Foreign jurisdictions have this requirement in part, in fairness very specific rules adopted 24].

2.5 Framework Agreements for the electron. Data exchange
Two business partners who are regularly in contact via Internet exchange services, and govern their business relationships are often in a framework agreement. In it, the questions may be clarified, which arise in carrying out business over the Internet.Are known to the agreements for Internet banking. These framework agreements are also suitable for quoting and ordering processes between wholesalers and retailers. A special case of a framework agreement is the so-called "Electronic Data Interchange," in which not only suppliers and users, but also involved with the payment or third party financial institutions.

Third Performance
If the contract is completed, the benefits are usually exchanged outside of the Internet. Only services are in digitalized form at all network connections. The digital money has been invented, but still not in use.

3.1 Digital Product
To digital information products are in the form of text, graphics and images, music and other acoustic signals, and software. All of these products is less of a material rather than a spiritual self-content. Unless they are the result of intellectual creation, and have individual character, they are protected by copyright law [25]. The copyright protection, however, refers to the form, not the rational statement.Copyrighted works may perceived, but will not be used without permission of the copyright holder or altered [26].

With the passing of a digital output is the supplier's consent for use. The scope of powers is often used in the license conditions defined in [27]. Where special rules are missing, is the purpose of transfer theory [28]. The contents of the rights is determined by the purpose. The buyer of intellectual property and use rights receive no further powers than they are to achieve the apparent purpose of the contract required.

3.2 Software
On the Internet a lot of software is available for commercial use. Such computer programs are usually protected by copyright [28]. Although they also have an individual character, but the requirements are not particularly high this [29].

Any use of such software requires the consent of the author. In contrast to the general rule, namely the personal use of computer programs is not allowed [30].However, if such software with no special protection on the Internet is accessible, a user can possibly accept the agreement for the download.

Supplier of computer programs should therefore make it clear, retrieve the conditions under which an Internet user may use the software. Are also recommended technical measures to ensure that compensation paid software can be used only for payment, or to protect computer programs from being copied to.

Notes
..
So-called principle of impact; see Article 136 of the Switzerland Federal Law on Private International Law (PILA)
Article 5 of European Directive 2000/31/EC on electronic commerce
Article 5 of European Directive 2000/31/EC on electronic commerce
Article 7 of European Directive 2000/31/EC on electronic commerce
This principle is universal in Europe in Article 4 of the Federal Act on Data Protection (DSG)
Article 3 lit. c DSG
Article 3 lit. d DSG
Article 18 of European Directive 95/46/EC on data protection
Article 11, paragraph 3 DSG
This general principle of contract law is in Article 1 Swiss Code of Obligations (OR)
Article 11 of European Directive 2000/31/EC on electronic commerce
Article 9 of European Directive 2000/31/EC on electronic commerce; Article 5 European Directive 1999/93/EC on electronic signatures, see also Model Law of the UN Commission on Trade Law (UNCITRAL Model Law on Electronic Commerce) for the Switzerland draft Federal Law on Electronic Signatures (BGES) with proposed amendment to the OR.
Excluded right choice for certain consumer transactions pursuant to paragraph 2 of Article 120 PILA, generally for contracts choice of law in accordance with Article 116 PILA
This general principle has been incorporated in Article 117 PILA
Article 1 and Article 2 of the United Nations Convention on Contracts for the International Sale of Goods (CISG)
Burghard Piltz, International Sales Law, Munich 1993, § 2 N. 47 p. 30 ff
In Switzerland, discharge from the principle of Article 1 CO; in Germany, § 2 of the Act governing the right of the General Terms and Conditions (T & C Act)
Article 10 paragraph 3 European Directive 2000/31/EC on electronic commerce
Court practice in Switzerland, in Germany § 3 Conditions Act
Article 8 of the Federal Act against Unfair Competition (UWG)
§ 10 and § 11 German AGB-law
This globally applicable legal principle is enshrined in Article 2 of the Federal Law on Copyright and Neighboring Rights (Copyright Law, Copyright Law).
Article 10 of Copyright Law
Terms and Conditions as possible on the Web, see para. 2.4.
Purpose of the transfer theory based in Switzerland, Article 16, paragraph 2 URG, which in any doubt, the transfer of a part of copyright law does not lead to the transition part of other rights.
Article 2 URG, European Directive 91/250/EEC on the protection of computer programs, Article 10 of GATT / WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of 15 April 1994 (Uruguay Round).
For Switzerland, see Article 19, paragraph 4 URG.

Legal aspects of business processing on the net

For the business over the Internet much the same legal rules as outside the network.The laws are national, the global Internet. Challenged by the law, the technical characteristics such as lack of physicality, extraordinary dynamic, efficient networking, simple reproduction possibilities and hidden data processing.

The euphoria that are accessible to the Internet in no time at new markets, has somewhat abated. The new means of communication and new business methods, built with a lot of technical and economic imagination, has sparked some disappointments in advance in the consumer sector. On the other hand, business transactions over the Internet to take the business to business (web slang "B2B") unspectacular, but constant.

In the B2B Internet business and e-mail will be used less for the development of new markets and customers, but rather as a complement to the existing means of communication in existing business relationships. Such customer and supplier relationships are against the background that suppliers and customers often know personally, and that the company put together trust. The e-mail replaces the fax or the telephone conversation, the websites of the printed catalog and order form.Performance and payment made, but largely as before, although even here more and more services can be obtained directly in digital form via the electronic medium, software and information.

The advantages of the Internet are obvious. A site may in this fast paced and easy to be adjusted without delay. The customer has the option on its Web site configurations virtually assemble themselves and modify. This use of the Internet and company e-mail without first obtaining profound opinion on the legal aspects. And yet, many legal issues that are rarely conclusive answer.

The following explanations are based on the Swiss and European law. They refer to the B2B business and let the myriad of consumer protection rules ignored.

First Marketing
At the beginning of each business transaction is the marketing, so the knowledge of the market and customers and access to them.

1.1 Internet address
Who appears on the Internet needs an address. If businesses are easy to find, they want to include the appropriate indicator in the domain name. On the formation of domain names there are up to now no special laws rules. Increasingly, however, to sit through some principles.

While () a few years ago purely factual or place names caused few problems, such second-level domain are now legally controversial since they monopolize public property or in some cases give the impression they represent an entire industry or a whole area [1] [2].

Has always been disputed domain name, which may affect another company, especially by confusion. Finally, domain names today have a similar economic importance such as company names or brands. To clarify why the remedies are also of the copyright law, namely the Fir menrecht and trademarks are available.International law is the brand it a priority [3]. Sure it makes much sense, parallel to the registration of a domain name especially the trademark.

1.2 Online Brochure
With a website, the company presents itself and its performance. Here visitors can look up the Internet, such as in a brochure. For the numerous elements such as text, graphics and images, but also audio and video sequences are the same rules as private media, such as price clarity, dumping, decoy offers, sweepstakes, or comparative advertising. This law that is binding on the market, the competition effect [4]. It should be noted, therefore, the legal systems of all countries where there are potential customers.

Competition law is dominated by the sincerity bid. Internet users to know which providers and what services he has to do it. Shall require the European law on any website additional information on the identity, telephone and fax numbers, e-mail address as well as services and prices [5]. Similar obligations, the draft of the new federal law on electronic commerce.

1.3 E-mail advertising program
With the e-mail can be addressed in person. The low cost of an e-mail delivery suggest this possibility for a commercial. However, a variety of junk mail load block or a system.

The question of the admissibility of promotional e-mails responded to the legal practice for a long time analog fax advertising. An unsolicited advertising mail is then generally considered wrongful, if not good reasons, the recipient would agree.Such an agreement must be accepted by customers as well as in people who were doing already known in some form to the Company their interest in the product or the service. Also sending to other potential customers - not to any stranger - would be allowed if it is sporadic and short letters.

European law requires that any "commercial communication" recognizable as such and the provider is identified. In addition to discounts, premiums, gifts, contests or sweepstakes, and presented their conditions clear and easily accessible [6].

Expressly permitted under European law is also the unsolicited mailing, unless it is marked as such. Persons who do not want unsolicited information can be enrolled in so-called opt-out systems, which must regularly consult the vendor [7].

1.4 Hyperlinks
Typical of the Internet, both for sites like e-mails are the hyperlinks. With one click, the user can switch to a different site. Such links are allowed, and it does not need the consent of each other website operator can be obtained. Existence but doubts whether the proprietor of a linked page with the link actually agree, an agreement would appear.

Is to avoid any false impression that exist between the two site-specific business operators. In general, a link still not be duplicated, but can be regular links to other sites are reaching the limits of copyright copy prohibition. Would be unlawful by name, to give the impression that he is himself the author of the contributions referred to. But otherwise it is not legally safe if the content of the linked page the link ends is attributed (eg prohibited content).

1.5 Rolodex
Who wants to work the market, it must manage its properties and the addresses of recipients. The data collection is basically free, and also electronic methods are acceptable, of log files via "cookies" to the independent input of data by the user.

However, the rules of data protection are observed. Sun, data may be processed only for the purpose that was specified in the procurement or the circumstances was seen [8]. While almost everyone knows today, Internet users, that his steps are "somehow" registered. This does not relieve, to state in the data recording on the use and possibly to require the business partner a statement of whether and what that information may be used or disclosed.

Increased care should be exercised with so-called highly sensitive data (religious, ideological, political and trade union views, information about health, sexuality or race [9]), and personality profiles, so compilation of several pieces of information, an assessment of significant aspects of personality allow [ 10]. This includes aspects such as consumer behavior and credit card usage.

In the countries of the EU and the EEA, any automated data processing are officially registered [11]. In Switzerland, a registration application is required only if, without knowledge of the persons concerned on a regular basis to protect personal data or personality profiles can be edited, or professional capacity are personal data to third parties [12].

business processing at a glance

Know-how of specialists for your success

The process of doing business at a glance
Translated excerpt from the book "Mail Order Management"
Dr. Jan courtesy of Thieme-Verlag Gabler

The optimal level of process

We have at various points in the process of doing business revealed that the sender has choices in the level of service standards. This included the following:

The acquisition cost of telephone at the telephone order-taking
the absence of IVR functionality,
the control of service levels and availability of telephone,
responsiveness to correspondence,
the service-oriented programming of the website,
setting the parameters for subsequent delivery to delivery (time and quantity),
the extension of credit limits,
the offer of a partial payment possibility
the practice of repayment of credits,
the choice of delivery service (including multiple delivery attempts)
Quality efforts in logistics,
the practice of technical customer service (replacement or repair),
customer-friendly payment terms,
the acceptance of credit risks,
Competence, fairness and friendliness of customer service.
Another, from the interaction itself is part of the processes resulting criterion for assessing the level of service to speed the process of doing business. "Today, noon to 12 clock ordered, delivered tomorrow" or "24-hour delivery" are common advertising claims. The process speed is even one of the main evaluation criteria of the process level. Certainly, there are also differences by type senders. Range senders and B-to-B mailers must deliver quickly. Parameters to control the process speed are:

the provision of adequate treatment capacity at all stages of the process such as order processing and logistics, in particular, an appropriate management of workload fluctuations,
the avoidance of bottlenecks in the process by the right set of capabilities for the individual steps of the process and flexible shift any excess capacity,
The extensive automation of process parts, and therefore a good support system,
the precise planning of the process,
the processing of many years of experience in a continuous process improvement.
The speed of the process is not always of equal importance. In the B-to-B selling, about the dispatch of office supplies, it is very important for customer loyalty. Here is also a regular ordering patterns to be expected, so it pays to provide sufficient capacity permanently.

Other shippers offer a fast 24-hour supply as a special service for remuneration; the contract is then brought forward as an express order from other orders. Continuous speed and capacity utilization are alternative to each other in a relationship: If you can take your time, it works just the job mountain continuously with constant capacity.

The level of service is variable in different ways. An increase in the service or process level means higher costs. Average logistics and Fulfillmentkosten per shipment, depending on the range in the order of 2.00 € (books), 7.50 € (outside Fulfillmentdienstleister) or significantly with about € 20.00. Not only is there a relationship between process level and cost, but also between process level and income. The yield shows probably in a better customer durability. It is assumed here also assumes that there is a declining marginal product of the improved service levels.

If this is so, then the optimum process level is reached when the marginal return of an increase in the level of service is the marginal product of alternative uses of funds equal. Alternative means uses may be gaining new customers, the customer activation, rationalization, improved product ranges, a more aggressive pricing policies or otherwise. Until someone can prove that the increased funding for another use a higher (sustainable) marginal product, the service level has to stand back and vice versa.

The optimization problem is so complex and so dependent on the specific situation of a sender that it can not be answered generally. But there is concern about the process of doing business not only a problem of optimization of technical efficiency, but also a real economic optimization problem of choosing actions. To follow the unthinking cry for an improvement in service levels is not displayed. There is an optimum level of service that is not the maximum level of service.

 

The main processes of the shipping trade in the context

The Fulfillmentprozess is summarized in the following graph shown (Figure 19).From the actual process of Fulfillmentprozess or business development, beginning with taking orders, the process of commodity supply is first separated.


Figure 19: The process of doing business
 

The two main processes of the shipping trade, the process of offering provision (see section 2.5) and the process of doing business can be summarized in the following diagram (Figure 20) show.