Please note that all my articles are for informational purposes only and not legal advice. I assume no liability for the content of my articles. The articles may be out of date, the legal situation may have changed, or the specific situation in a case may need to be assessed differently. A binding consultation can only be given by me directly in the individual case. Take advantage of my free brief consultation!
Time and again: Advertising with warranty conditions
Time and again, advertising with guarantees for certain products is a case for the courts. Sometimes it’s eBay itself, sometimes it’s missing conditions, sometimes it’s unclear conditions.
I have written a little more about this in this article.
However, this cannot be dispensed with, because many people are probably unaware that the lack of reference to a guarantee, if there is one, is also a reason to warn.
The District Court of Weiden has now delivered a further ruling on the subject, taking the view that a reference to the terms of a general terms and conditions is not sufficient if they are only “hidden” in GTC.
In the present case, an item with a five-year guarantee was offered. The exact warranty conditions could only be found if the information on the manufacturer’s terms and conditions had previously been found in the terms and conditions of the online retailer.
The district court found this to be insufficient and classified the design of the eBay auction as a breach of competition.
Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.
