Expanded Cancellation Information Notification Permissible Without Provision of Phone Number (BGH) - Allowance of Cancellation Directive Even Without Provided Telephone Number (BGH)
When making an online purchase, sellers are usually required to inform consumers about their right to withdraw. But does a telephone number always need to be included in this information? The German Federal Court of Justice (BGH) has weighed in on this question, and their answer is no, as long as a postal address and email address are provided as well.
Distance contracts are agreements where there's no in-person contact between buyers and sellers. Instead, communication happens through channels like catalogs, letters, emails, or online shops. The 14-day withdrawal period begins only once the seller has provided the required information to the buyer.
In a recent case, a consumer bought a car from a dealer using distance selling. The dealer's withdrawal instruction did not include a telephone number, but it did highlight the seller's postal address and email address. The consumer only declared their intention to withdraw around ten months after receiving the car.
The consumer argued that the withdrawal period never started because the withdrawal instruction did not meet legal requirements due to the missing telephone number. They sued for a refund, but their case was dismissed in lower courts and by the BGH as well.
According to the BGH, the withdrawal instruction used was valid since a telephone number wasn't essential for swift and efficient communication between the consumer and the seller. The number could easily be found on the seller's website.
The court's decision highlights that the adequacy of the withdrawal instruction is clear-cut, so there's no need to refer it to the EU's Court of Justice. However, entrepreneurs are required to provide swift and efficient communication channels, which the national court is responsible for assessing.
So while a telephone number can be helpful, the main legal requirement is to provide a hassle-free way for customers to exercise their right to withdraw, primarily through a postal address and, if necessary, an email address.
- Despite not including a telephone number in their withdrawal instruction, the seller in the recent case provided alternative contact methods, such as a postal address and email address, ensuring compliance with the legal requirements for distance contracts.
- The consumer's argument for a refund based on incomplete withdrawal instructions was invalidated by the BGH, as the court deemed that online availability of the seller's telephone number was sufficient, eliminating the need for an inclusion in the instruction.
- As per the EU directive, the primary aim of providing a postal address and email address in withdrawal instructions is to enable seamless communication between the consumer and the seller, allowing for timely exercise of the consumer's right to withdrawal in online sales.
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