Rechtsprechung

Consumer Rights Directive, Chapter 3, Article 6, 1. Consumer Rights Directive, Chapter 3, Article 6, 1., (l) Consumer Rights Directive, Chapter 3, Article 6, 1., (m)

ECLI:AT: OGH0002:2019:0050OB00110.19S.1127.000

The case focuses on the right to information held by consumers when they purchase a good or service. It analyses the seller's obligation to provide information on the legal guarantees of the goods, as well as on the extended guarantees that can be offered. The Court analyses the national legal provisions containing the obligation to provide information in a clear and comprehensible manner.

Association proceedings (paragraph 28a KSchG (Consumer Protection Law)): The defendant, an electrical retailer, offered a paid "GarantiePlus" (additional guarantee) when purchasing equipment. On the website, some advertised products lacked a reference to the existence of a warranty right and the conditions of the legally mandated warranty. For other products, consumers had to click on the box "Expand all product details" to get the reference to the legally mandated warranty terms, or got them during the order overview process, which they received after entering their personal data, shipping details and payment details, then having to download the terms and conditions in order to read them. The defendant's website was designed in such a way that there was no immediate indication of where this information could be found in connection with the product presentation.

The issue was how extensive the information obligations on a homepage must be, especially as regards information on a warranty or guarantee if an extended warranty is explicitly advertised. In addition, the transparency of the general terms and conditions of business and their findability on the homepage were also at issue.

Paragraph 4 (1) in conjunction with paragraph 7 (1) FAGG (Austrian Distance Selling Act) contains the requirement to provide the information under these provisions in a clear and comprehensible manner.

This is not fundamentally opposed if the information on the commercial guarantees is (only) contained in the GTC (General terms and conditions) or is hidden behind a fold-out text part or a pop-up window.

However, the website must then be designed in such a way that it is ensured that the consumer is informed sufficiently clearly (and in good time) about the place where the information can be found, as well as the type of information provided.

Volltext: Volltext

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The Supreme Court largely follows the decision of the Court of Second Instance. It considers the defendants' appeal to be admissible and partially (in those parts where the Supreme Court does not follow the second instance decision) justified.