Dealers are obliged to provide essential information necessary for use and operation of products before customers take a purchase decision.
This is documented in a court decision (OLG (higher regional court) Dresden, ruling of 24 July 2012 - court ref.: 14 U 319/12); in this specific case, a dealer in heavy current products had insufficiently marked his goods. Although it was pointed out that the equipment requires a mains voltage of 400V, it was not mentioned that the installation of a three-phase plug requires the consent of the respective electricity supplier. Moreover, only electricians who are listed in the electricity supplier’s directory may carry out the installation. A layman does not have the necessary knowledge and may need to expect additional costs. This circumstance induced the court to hand down the following ruling:
“The restricted usability of an instantaneous water heater powered by heavy current is an essential piece of information for the average user that he or she must obtain before completing the order process so as to be able to make an informed decision as required by the EU Directive on Unfair Commercial Practices (Art. 7 (1) of Directive 2005/29/EG). (…) Art. 5a (2) of the German Unfair Trading Act (UWG) contains the irrebuttable presumption that a breach of the duty to inform leads to a misconception on the part of the customer and that this misconception may have an effect on the decision to be taken.”
Accordingly, dealers are obliged to point out the essential circumstances during installation and operation of the goods offered.
By means of its service for establishing the marketability of products, TMK Retail Service & Consulting GmbH adapts your product and packaging markings as well as your operating instructions in accordance with the statutory requirements applicable.
Boris Berndt at TMK will be pleased to answer your questions; please phone +49/40/54090410-8 or send an e-mail message to email@example.com.