Information obligation regarding non-advertised manufacturer's warranty

Anyone who advertises a manufacturer's warranty must also provide comprehensive information about it. Such an information obligation is now intended to apply also to online retailers who do not advertise a manufacturer's warranty in their offerings.

An online retailer offered a smartwatch on an internet marketplace. The manufacturer granted a warranty (manufacturer's warranty) for the product. However, the retailer did not mention the manufacturer's warranty in its offering. A competitor admonished the retailer and demanded the submission of a binding declaration of non-infringement.

The competitor was of the opinion that due to the lack of detailed information regarding that manufacturer's warranty, in particular as to its content and all material particulars, a violation of competition law existed. The retailer refused to submit the declaration of non-infringement, so the dispute went to court.

Judgment of the LG Bochum on information regarding manufacturer's warranty

The Regional Court (LG) Bochum (Urt. v. 27.11.2019, Az. I-15 O 122/19) ruled that the retailer was obliged to provide information about the manufacturer's warranty in its offering. The court referred to the information obligations that retailers must comply with in distance selling. According to this, online retailers are also obliged to provide "information, where appropriate, about the existence and conditions of warranties" in a clear and comprehensible manner before consumers submit contractual declarations.

In the court's view, online retailers are even obliged to actively search for the existence of (manufacturer) warranties for the goods offered in order to then be able to inform their customers in more detail about these warranties. This information obligation does not only exist if the goods offering contains a reference (in whatever form) to the existence of a warranty, but as soon as such a manufacturer's warranty exists for an offered product at all. The broad wording of "warranties" in the statutory text already speaks for a comprehensive information obligation of the trader regarding all types of warranties, so that no distinction should be made between the seller's own warranties and warranties from third parties.

Information obligations in distance selling ensure a high level of consumer protection and promote the internal market for transactions between traders and consumers. It can be seen from the legislative history that consumers should be given the opportunity to better compare cross-border offerings on the basis of comprehensive information. The pre-contractual information should enable the consumer to weigh the pros and cons of the contract so as to then make an informed decision.

Conclusion

Previously, it was assumed that online retailers in their offerings must provide comprehensive information (content, scope) about only those warranties if they refer to such warranties or advertise them. However, according to the view of the LG Bochum, online retailers must now also disclose manufacturer's warranties even if they do not even mention them in their offerings. If this legal view were to become established, comprehensive investigation obligations regarding manufacturer's warranties would apply to online commerce, which would likely pose problems for many retailers.