Entrepreneurs who inform consumers about their statutory right of withdrawal usually use the statutory templates for this purpose. If these are used correctly, a legal fiction applies that consumers have been properly informed. The BGH has now ruled that (sub)headings in these templates are an important component. If these are omitted, the fiction no longer applies. The lack of (sub)headings in the model is also not merely an irrelevant editorial error and exceeds the permitted deviations in format and font size. Entrepreneurs should therefore carefully compare their revocation instructions with the samples used in order to avoid unnecessary errors.
Inadmissible media disruption: advertising letter may not refer to general terms and conditions on the Internet
Inadmissible media disruption: advertising letters may not refer to general terms and conditions on the Internet – important decision by the Düsseldorf Higher Regional Court.