Right of withdrawal when buying a sofa online?

The Regional Court (LG) Düsseldorf had to decide whether a consumer is entitled to a distance selling right of withdrawal when purchasing a sofa online if, when ordering the piece of furniture, he was able to select the colour and fabric from a multitude of variants and the couch was only manufactured thereafter.

The online shop offered its customers the possibility of selecting from a total of 578 different design options when ordering a sofa. In addition to various colours and fabrics, the consumer was also able to choose the arrangement of the couch.

A consumer became aware of this and ordered online a sofa assembled according to his wishes. Shortly after placing the order, he revoked the purchase by invoking his distance selling right of withdrawal and demanded that the online retailer refund the purchase price already paid.

Decision of the court

The Regional Court (LG) Düsseldorf decided by Urteil vom 12.02.2014 – Az. 23 S 111/13 that the consumer in the present case was not entitled to a distance selling right of withdrawal.

The right of withdrawal does not exist because the Distance Selling Act excludes such a right for contracts in which non-prefabricated goods are ordered, for whose manufacture an individual selection or determination by the consumer is decisive.

In such cases, it is unreasonable to expect the retailer to accept the ordered goods back, as the retailer would otherwise face a substantial economic loss due to the individual customer selection. Given the multitude of design options offered in the present case, it must also be apparent to the consumer that these are not stock goods.

Conclusion

In the online purchase of customizable products, the right of withdrawal customary in distance selling is excluded insofar as the retailer cannot reasonably be expected to accept back the goods manufactured according to the customer's wishes. In case of doubt, this should be clarified with the assistance of a specialized solicitor before purchasing the goods.