When purchasing from an online store, the consumer must be properly informed of their right of withdrawal. The official model for the withdrawal policy can be found in Annex 1 to Art. 246 a § 1 para. 2 SENTENCE 2 EGBGB.
Continuous text too confusing
The official model does not have to be adopted 1:1. However, there is no longer a proper instruction if the revocation instruction is only available as unclear continuous text. This was confirmed by the Ellwangen Regional Court in a ruling dated 07.04.2015 (Ref.: 10 O 22/15). According to the court, a continuous text does not meet the requirements for clear and comprehensible information on the exercise and consequences of withdrawal as stipulated by law.
Operators of online stores and commercial eBay sellers are therefore required to make their withdrawal policy consumer-friendly. This also includes clarity and legibility.
“Send order” vs. “Order with obligation to pay”
Another issue before the court was the new Section 312 j para. 3 BGB. This stipulates that the final order button must be labeled “order with obligation to pay” or contain correspondingly clear wording. By placing an order, the consumer must expressly confirm that they are committed to making a payment. If the retailer has merely chosen the wording “Send order”, the retailer is not fulfilling its obligation. In the opinion of Ellwangen District Court, this constitutes an anti-competitive act.
Note: If the retailer does not make the payment obligation clear, his customers can claim that no contract has been concluded. For this reason, too, it is important to remember the correct labeling!
The Ellwangen Regional Court also pointed out that commercial eBay sellers must provide consumers with the model withdrawal form before the contract is concluded.