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Rechtsanwalt Marian Härtel - ITMediaLaw

Different revocation instructions for different products are permissible

7. November 2022
in Law on the Internet, Online retail
Reading Time: 2 mins read
0 0
A A
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ecommerce 3529837 1280
Key Facts
  • An online store fulfills its obligation to provide revocation instructions with a link to two different instructions.
  • Judgment of the Higher Regional Court of Cologne dated 23.04.2021 - 6 U 149/20.
  • An association sued for anti-competitive advertising and inadequate information on the right of withdrawal.
  • Different regulations for standard and forwarding goods with regard to return costs.
  • The Regional Court of Aachen dismissed the action and held that the withdrawal instructions complied with the law.
  • The Senate confirmed the decision and dismissed the appeal.
  • The trader does not have to provide information about the amount of the return costs if he bears them himself.

An Internet store fulfills its obligation to provide proper cancellation instructions even if the corresponding hyperlink leads to two different cancellation instructions for the purchase of goods not suitable for parcel delivery (forwarding goods) and for the purchase of goods suitable for parcel delivery (standard goods). This was decided by the 6th Civil Senate of the Cologne Higher Regional Court in its ruling of April 23, 2021 – 6 U 149/20.

An association fighting against unfair competition in accordance with its articles of association had filed a claim against a company operating an Internet store for wooden play equipment for outdoor use, cribs and mattresses for injunctive relief due to anti-competitive advertising because the consumer was not informed about his right of withdrawal in accordance with the statutory requirements.

The consumer does not know before the conclusion of the contract how the goods ordered by him will be shipped. The revocation instructions for so-called standard and forwarding goods differed in the regulations on returns. Whereas in the case of so-called forwarding goods, the company was to collect the goods and bear the costs, in the case of so-called standard goods, it was stipulated that the consumer was to bear the costs of the return shipment.

In its judgment of November 27, 2020 (Case No. 42 O 38/20), the Regional Court of Aachen rejected a corresponding claim for injunctive relief and dismissed the action.

The Senate endorsed this view in its judgment and dismissed the plaintiff’s appeal against the judgment of the Regional Court.

In justification, he essentially stated that the defendant’s revocation instructions complied with the statutory requirements. The defendant informs that the consumer has to bear the costs for a return of the goods by mail, but in the case of forwarded goods the consumer bears the costs for the return himself. The fact that “goods which cannot be sent by parcel post (forwarding goods)” means goods which, due to their goods which, due to their nature, could not be returned by normal mail, was readily apparent to the average informed consumer.

The entrepreneur does not have to inform about the amount of the costs incurred when returning the goods by normal mail. Information on the amount of the costs if the goods cannot be returned by normal mail due to their nature is not required if the entrepreneur – as in this case – bears these costs himself.

The Senate did not allow the appeal.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: Cancellation policyConsumerInjunctive reliefinternetKILawsuit

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  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
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