A lack of information about the telephone number, fax number or email address in the withdrawal policy of an online retailer leads to incompleteness. This is the conclusion reached by the Higher Regional Court of Frankfurt am Main (decision of 04.02.2016, ref.: 6 W 10/16).
This incompleteness puts the consumer at a disadvantage and triggers a claim for injunctive relief from competitors.
Naming the telephone number is not a decision of the entrepreneur
The inclusion of the telephone number in the withdrawal policy is not a decision made by the entrepreneur. A telephone number that is shown to exist in the legal notice must also be included (see OLG Hamm, decision of 24.03.2015 – 4 U 30/15). The basis for this requirement is the annex to Art. 246 a, Section 1 (2) sentence 2 EGBGB.
Impairment of consumers
If the telephone number is not stated in the withdrawal policy, even though the trader maintains a telephone line, the consumer’s interests are significantly impaired in accordance with Section 3a UWG.
The consumer is deprived of the option to cancel by telephone, which leads to a not insignificant restriction. The aim of the requirement is to guarantee the consumer the most customer-friendly trade possible. If the consumer has to accept restrictions, the competitor can assert a claim for injunctive relief under Section 3a UWG, Section 8 (3) No. 1 UWG.
Consumer protection: Telephone number must be included in withdrawal policy
The withdrawal policy is essential for consumers to be able to assert their rights. It makes it easier to withdraw from the contract without imposing excessive requirements.
Since incorrect revocation instructions can have (financially negative) consequences for the entrepreneur, it is advisable to always adapt them to the current regulations. On request, our lawyers will check your website, point out any necessary changes and, if necessary, create the necessary texts.
