Mon, Oct. 05, 2009

More Burdens on Internet Vendors

CK - Washington.   In line with European Union directives, German law has moved internet transactions far from the Caveat Emptor principle. The Supreme Court for Civil Matters, Bundesgerichtshof, in Karlsruhe expanded on consumer protection on September 30, 2009 in a matter involving an attorney who had ordered lamps for shipment to her law firm address.

The case, docket number VIII ZR 7/09, revolved around the issue of whether she would enjoy consumer rights. Section 13 of the Civil Code defines consumers.

The court held that a vendor will be held to consumer standards unless the buyer is clearly not a consumer. Delivery at an office address is not determinative, it held. The court overruled vendor-friendly decisions, discussed in more detail in the shopbetreiber-blog.de blog, that resolved ambiguities against the consumer.


      CURRENT :: 2003 :: 2004 :: 2005 :: 2006 :: 2007 :: 2008 :: 2009 :: 2010 :: 2011 :: 2012 :: 2013 :: 2014 :: 2015 :: 2016 :: 2017