Loses goods purchased online due to the examination by the buyer of its value, the seller must refund the full price in return yet (picture: ZDNet) entrepreneurs are the future of a consumer in the event of cancellation of a distance contract only. receive compensation, if this “has used the goods in a way that goes beyond the consideration of the characteristics and functioning.” A bill (PDF) decided the legal committee of the Bundestag yesterday with votes from the CDU / CSU, FDP, SPD and Alliance 90/The Greens. In order for the adoption of the paper is as safe by the Bundestag.

The amendment was necessary because the Court had complained in early September 2009 that German legislation of a European directive on consumer protection in distance contracts in May 1997, paragraph contradicts. According to the German legislation was an entrepreneur from a consumer for the use of distance selling goods sold generally require at unpunctual revocation value. This led to numerous disputes and ambiguities.

The aim of the draft law is to supplement the provisions of the Civil Code relating to compensation in case of withdrawal to design a distance contract as required by the European Court of Justice. In addition, paragraphs 358 and 359a of the Civil Code will be redrafted and provided in a separate rule for contracts 312f, the distance contracts concerning financial services concerns.

Does the proposed law change it with that dealer pointing their customers to the scheme and make them aware of their right of withdrawal. The model offered for cancellation of the Bundestag is also adjusted.

The firm also recommends that online retailers to check their cancellation or speak to her lawyer on the upcoming changes. She also makes note that the regulations provided for no transition period: Store operators have only the date of delivery to the start of the next day’s time to change the changes. The office criticized the fact that traders are almost forced to convert by 0 clock precisely because they offer otherwise inevitable for a short period of a wrong instruction.

Back in November last year, the Federal Court had ruled that a buyer can claim back the revocation of a distance contract may have occurred despite a depreciation of the full purchase price if he has examined the goods only (reference VIII ZR 337/09). In the case negotiated involved a closed in August 2008 by e-mail purchase agreement for a water bed.

The shop owner was executed mention this in the revocation to “that occurs regularly by filling the mattress of the waterbed deterioration, since the bed is more to sell as new.” This is a Berlin consumer would not take it so. The district court of Berlin-Wedding was his claim for repayment of the purchase price instead of (document number 17 C 683/08) and the Berlin District Court dismissed the appeal back to the seller (document number 50 S 56/09). Since the revision was aimed against the seller does not work, he turned to the Supreme Court.

The Federal Court was of the view that are to be returned in a timely objection by the consumer at the stated distance contract the services received by the Parties. If the goods have deteriorated or even – as it is legal – have been “lost”, it must be done instead of return value. Consumers would also pay for one by “intended putting into use of” deterioration caused damages. The liability for compensation exists, however, does not apply if the deterioration is due exclusively to the examination of the case. That, the court was in the water filling the bed of the case.

2004, the Federal Court had handed down a similar ruling. At that time a buyer complained against a mail order company, to take back because this one only partially delivered and did not have laptop will refund the full purchase price including shipping. Following the decision of the Federal Court has a buyer but also the ability to return an online ordered notebook, when it was assembled for him individually.

The Federal Association of German Mail (BVH), then sharply criticized the ruling: Online and mail order companies are not free lenders of high-quality goods. The risk that even the best new product after the “trying” and then exercising the right of withdrawal and return the customer will bear worthless, but the online or mail order. Sun to abuse the right of return would be encouraged. “With modern technology such as product videos, virtual try-on or wraparound views, detailed product descriptions, webcams for live customer support, user forums and many other things, the customer can today on the net better informed before you buy the goods as the staff often still further thinned-counter retail “said Christopher Wenk BVH-CEO Fischer.

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