The LG Bochum has ruled that online retailers must provide information about manufacturer warranties, even if the existence of the warranty is not advertised. In this respect, there is also an obligation to investigate as an online retailer. The latter must inform himself about the existence of any manufacturer’s warranties.
From the reasons for the decision:
In the opinion of the Chamber (expressly left open by the OLG Hamm, judgment of 26.11.2019-4 U 22/19), § 312 d para. 1 sentence 1 BGB in conjunction with Art. 246 a § 1 para. 1 sentence 1 no. 9 Introductory Act to the Introductory Act to the German Civil Code (EGBGB) requires the seller of goods to actively research the existence of (manufacturer’s) warranties for the goods offered in order to be able to inform its customers in more detail about these warranties. According to the wording of the aforementioned provisions, their meaning and purpose, and taking into account the legislative intent, the seller’s duty to inform does not only apply if the offer of goods – as in the case decided by the Higher Regional Court of Hamm – contains a reference (in whatever form) to the existence of a warranty.
The Hanover Regional Court recently took a different view(see this article).
The issue of the manufacturer’s warranty has been one of the biggest warning traps in the last case and the uncertainty as an online retailer seems to be anything but over.
