On 7 August 2014, the plaintiff ordered from the defendant on the Internet platform eBay 480 cans of a refreshment drink at a price of € 45,50 plus shipping costs of € 35,00 (total € 80,50) . The plaintiff ordered the beverages to consume them in his residential community, where he lived with ten persons.
Upon completion of the order, the defendant used the eBay message system to send the plaintiff a "revocation instruction" with, among other things, the following contents: "The revocation period is fourteen days from the day on which you or a third party named by you who is not the carrier has or has had the goods.”
The applicant paid the total sum of € 80.50 to the defendant's account. On 21 August 2014, the goods were delivered to the plaintiff by a carrier in a total of five packages. After the supplier had unloaded three of the five packages, the plaintiff refused to accept the remaining packages.
With an e-mail dated 19 October 2014, the plaintiff unsuccessfully requested that the defendant repay € 32.20 (2/5 of the total price of € 80.50). He argued that "I partly refused the contract and refused to accept two of the five packages".