Available Soon – delivery discription is not enough

Online merchants always have to give their customers a specific delivery period for orders. Vague statements such as “soon to be available” do not meet this requirement, as emerges from a judgment, which the consumer center North Rhine-Westphalia obtained in May at the Higher Regional Court (OLG) Munich and has now published (Az .: 6 U 3815/17). In that case, the Düsseldorf consumer advocates had sued for illegal information in the online ordering of a smartphone against the online store of the electronics chain Mediamarkt. According to the VZ NRW customers were there in August 2016 when ordering a Samsung Galaxy S6 repeatedly displayed the following notice: “The article is available soon. Get a copy now! “In the opinion of the judge, this indeterminate statement regarding the delivery of online goods orders violates the statutory information obligation of the seller. This means that customers have to learn specifically before the click on the order button, until exactly when the goods are delivered at the latest – information that the statement “soon available” remains guilty.

With the decision, the Higher Regional Court (OLG) has upheld the first-instance judgment of the Landgericht München I (Ref .: 33 O 20488/16) and has not approved a revision of the Federal Court of Justice (BGH). On the other hand, a complaint would be possible, which the media market wants to do without. The judgment will then become final upon expiry of the appeal period.