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Judgement of OLG Frankfurt / Main (Higher Regional Court Frankfurt / Main) of 15/04/2010, file number: 6 U 49/09
Consumers have basically a right of withdrawal from distance contracts. This excludes, however, and according to § 312 b paragraph 3 BGB (German Civil Code) services related to carriage in case that this service should be provided within a defined period. With this exceptional rule, entrepreneurs should not be disproportionately burdened. In case that a buyer purchases a train ticket over the Internet and he has the possibility to make two single train journeys with this ticket within 11 weeks, than this exceptional rule would be...
Judgement of LG Düsseldorf (Regional Court Düsseldorf) of 03/02/2010, file number: 12 O 173/09
An online travel portal, as a mediator of flights, must indicate the total price of a flight including any applicable booking fees, as soon as the price is indicated as “total price”. A small asterisk note is not enough if the fees are not transparently specified.
Judgement of LG Hamburg (Regional Court Hamburg) of 19/01/2010; file number: 310 O 258/09
Amazon has to make sure that books with fixed prices have a quoted price which is not lower that the fixed retail price. Even if such control of such a large amount of books would be related with huge effort, Amazon should accept it to maintain the fixed book prices on its portal.
Press release of BGH (Federal Supreme Court) No 200/09 about the judgement of 30/09/2009, file number: VIII ZR 7/09
The Federal Supreme Court has decided in a leading decision about the possibility for natural people, who can appeal as consumers as well as entrepreneurs due to freelance activity, to rely on the consumer protection rights. The consumer quality and the resulting rights may be denied only if the action is without doubt objectively recognized as an exclusively commercial action. If the private sphere of the legal business cannot be excluded, the consumer protections rights should be applied. Sellers should prepare for the fact that also...
Judgement of OLG Hamm (Higher Regional Court Hamm) of 04/06/2009, file number: 4 U 19/09
The judges in the OLG Hamm have decided that the advert statement of the seller assuring "original printer cartridges within 24 hours" is not delusive if the advertisement is linked with another web page on which will be informed that for a delivery within 24 hours a suitable order must have be settled at the latest 16.45 o'clock.
Judgement of OLG Hamm (HRC Hamm) of 10/12/2004, file number: 11 U 102/04
The seller cannot require the return of the product in the original packaging under use of the return adhesive label and returning certificate. The buyer merely obliges to pack the purchased good protecting it against typical transport dangers. Also a bulk discount and stock delivery reservation of “rare top wines” are illegal, § 307 BGB (German Civil Code).
Decision of LG Coburg (Regional Court Coburg) of 27/02/2009, file number: 33 S 102/08
The one, who orders from catalogue selling, may trust on the fact that goods will be delivered as ordered. If the mail-order firm is not able to do this, it vouches for the customer for damages. Then he can require expenditure substituted which he has made relying upon the delivery. Condition: They are "in vain" for him because of the non-delivery.
Decision of LG Düsseldorf (Regional Court Dusseldorf) of 20/11/2008, file number: 38 O 61/08
The right of withdrawal can be substituted with a right to refund concerning the sales in an Internet platform. Indeed, neither the legal regulation §356 paragraph 1 BGB (German Civil Code) nor the consumer protection regulations reveals the need to advise of it on the conclusion of the contract.
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