When is there an obligation to provide information about manufacturer warranties? Do online retailers have to provide information about every manufacturer’s warranty on online marketplaces such as Amazon? According to the European Court of Justice (ECJ) in Luxenburg, under certain circumstances there is a comprehensive obligation to provide information about manufacturers’ guarantees.
A retailer of bicycles and outdoor accessories offered a pocket knife from a Swiss manufacturer on Amazon. The Amazon offer page did not contain any specific information about a guarantee granted by the retailer or the manufacturer, but did contain a link to an information sheet formulated by the manufacturer with the following note :
“The guarantee covers any material and manufacturing defects for an unlimited period (two years for electronics). Damage caused by normal wear and tear or improper use is not covered by the guarantee.”
The product information sheet did not contain any further information on the guarantee. A competitor company was of the opinion that the dealer had not provided sufficient information on the manufacturer’s warranty and sued him.
The Federal Court of Justice (BGH) in Karlsruhe initially had to decide on the action and referred the case to the ECJ for a preliminary ruling in its ruling of February 11, 2021 – I ZR 241/19.
Duty to inform about manufacturer warranties depends on the individual case
The judges in Luxenburg had to comment on this, whether the mere existence of a manufacturer’s warranty triggers a duty of information on the part of the retailer. If this is not the case, the question was whether the mention of a manufacturer’s warranty in the retailer’s offer triggers an obligation to provide information.
In its judgment of 05.05.2022, ref.C-179/21, the ECJ clarified that to the extent that the subject matter of the contract relates to goods manufactured by a person other than the person other than the trader, the trader musttrader must cover all information relevant to these goods. for these goods. This information includes the essential characteristics of the goods and, in principle, all guarantees associated with the goods as well as the commercial guarantee offered by the manufacturer (“manufacturer’s guarantee”).
General obligation to provide a manufacturer’s warranty is disproportionate
However, the Court pointed out that although the provision of information about the manufacturer’s warranty serves to protect consumers, a general obligation is disproportionate. Such an obligation would force entrepreneurs to collect and update information about an existing manufacturer’s warranty at considerable expense.
Duty to inform only if the consumer has a legitimate interest
According to the Luxenburg judges are companiesare only obliged to provide information about about a manufacturer’s warranty if the consumer has a legitimate interest in it. legitimate interest in doing so.
Such a interest is deemed to exist if the entrepreneur has accepted the manufacturer’s a central or decisive feature of its offering makes, in particular, when he from it ein Sales– or advertising argument derives, to the the attractiveness of its offering compared to the offerings of its competitors. competitors.
Whether the manufacturer’s warranty is a central feature of the sales offer and must therefore be mentioned is, in the opinion of the court, dependent on the individual case. The content and general design of the offer, the significance of mentioning the manufacturer’s warranty as a sales or advertising argument and any other aspect that could give rise to an objective need for protection on the part of the consumer.
The judges also emphasized that the mere existence of a manufacturer’s guarantee does not automatically oblige the retailer to provide information about the guarantee. The obligation to inform would only arise if the consumer had a legitimate interest in the information.
CONCLUSION
Online retailers who already advertise goods with a manufacturer’s guarantee must provide all information on the terms and conditions of the guarantee, otherwise they may be subject to cease and desist letters under competition law.
There is no general obligation to provide information, but traders must keep an eye on whether the manufacturer’s guarantees for their goods are of particular importance to the consumer. If this is the case, retailers are obliged to provide comprehensive information about the guarantee.
