Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7, 1.

Online traders have to indicate how customers can modify their order before the end of the transaction. Such information obligation also applies when the consumer is able to terminate the order process by simply not clicking on the "buy" button. Neither does the possibility to cancel the order transaction by closing the browser window justify the omission of said information.

The defendant did not indicate to its customers how to correct typos before the end of the order transaction using the eBay platform.

Next, when customers placed a "buy now" order, they were not provided with information on how the quantity of the products of the "buy now"-order could be changed. 

According to the defendant, however, customers were always able not to conclude the transaction by simply closing the web browser or by not clicking the final "buy" button.

Does the omission to indicate how online orders can be corrected qualify as a violation of the prohibition on unfair commercial practices?

The absence of such information is a violation of § 5a II UWG by omitting to provide essential information to the consumer. Essential information in the sense of § 5a II is, in particular, information which should not be kept back from consumers due to legal rules. The omission to mention the information in this case constituted a violation of § 312e BGB as well as § 3 No. 3 BGB-InfoV (the German Civil Code).

With respect to "buy it now" offers, the court held, the trader must indicate to the consumer a possibility to adapt the quantity. The court further stated that correct information on the options to change the quantity is not rendered unnecessary because the consumer is able to prevent its order by not activating the final "buy" button.

Neither does the possibility to cancel the order transaction by closing the browser window justify the dispensability of the information requirements regarding the possibility to correct the order.

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The plaintiff's request was granted.