Sat, Jan. 15, 2011
Express Warranties: Online Depiction and Description
CK • Washington. In the sale of goods online, express warranties include what is depicted in an image, not only what is described as the offered items, the German Supreme Court in Karlsruhe concluded in the matter VIII ZR 346/09 on January 12, 2011. Presently, the court has published only a press release.
The seller of a car had displayed an image of the vehicle with an accessory that was removed before transfer to the buyer. Although the written description of the vehicle published on the internet did not include the accessory, the court confirmed a breach by the seller of its contractual obligations.
The proper remedy for this default is the remediation by the seller, the court ruled. Only if remediation -- governed by §439(1) of the German Civil Code -- failed, the buyer could claim damages.
CK • Washington. In the sale of goods online, express warranties include what is depicted in an image, not only what is described as the offered items, the German Supreme Court in Karlsruhe concluded in the matter VIII ZR 346/09 on January 12, 2011. Presently, the court has published only a press release.
The seller of a car had displayed an image of the vehicle with an accessory that was removed before transfer to the buyer. Although the written description of the vehicle published on the internet did not include the accessory, the court confirmed a breach by the seller of its contractual obligations.
The proper remedy for this default is the remediation by the seller, the court ruled. Only if remediation -- governed by §439(1) of the German Civil Code -- failed, the buyer could claim damages.
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