Advertisers may not present statutory consumer rights as if they are a special service provided by the company. This has now been decided by the  Federal Court of Justice (BGH) in a dispute between two printer manufacturers. Specifically, the lawsuit was about this statement on the homepage of one of the companies: "If you are not satisfied with a product, you have a 14-day money-back guarantee." However, this is merely the 14-day cancellation period prescribed by law, which applies to all distance selling transactions (e.g. purchase by telephone and Internet).

The BGH considered the reference on the homepage to be a misleading advertising statement. Consumers must not be given the false impression that such a statutory service is a voluntary additional offer. In the legal assessment, it makes no difference whether the misleading statement is particularly emphasized or not. The misdirection remains the same.

The Higher Regional Court of Hamm had previously dismissed the action on the grounds that the advertising had not been particularly prominent.

Highest instance: Federal Court of Justice in Karlsruhe. © Photo:ComQuat