In the case of a distance contract, the trader is not obliged to inform the consumer about a guarantee provided by the manufacturer of the product if the trader has not mentioned a manufacturer’s guarantee in an offer or in any other way prior to the consumer’s declaration:
It is true that the wording of Art. 246a § 1 sentence 1 no. 9 EGBGB makes it appear possible that the seller’s obligation to provide information applies without restriction to any guarantee granted by the manufacturer or a third party for the product. However, according to the meaning and purpose of the provision and its context, it must be assumed that the obligation to provide information only exists if the seller has referred to the manufacturer’s warranty in its advertising or other reference (aA LG Bochum, judgment of November 27, 2019 – I-15 O 122/19 -, para. 27, juris; left open by the Higher Regional Court of Hamm, judgment of November 26, 2019 – 4 U 22/19, para. 30, juris, according to which an obligation to provide information exists in any case if the offer of goods contains a reference to the existence of a guarantee).
OLG Celle, judgment of March 26, 2020, Ref.: 13 U 73/19