Karlsruhe (dpa) - When shopping online product reviews of previous buyers can give orientation - but what the others write, does not necessarily have hand and foot.
The Federal Court of Justice (BGH) today clarifies the question of whether the provider of the product for such questionable statements liable. The highest civil judges in Karlsruhe can announce their verdict immediately after the trial or in the coming weeks. (Az. I ZR 193/18)
The Association Social Competition (VSW) has sued a dealer from Essen, who offers on Amazon so-called kinesiology tapes. There, users had written, the product lesser pain. Medically, this is not guaranteed. The association had warned the dealer about this claim several years ago. At the time, he had undertaken by cease and desist not to advertise any more. The VSW sees this obligation broken by the customer reviews and insists on the payment of a penalty.
In the lower courts, the lawsuit was unsuccessful. Although the evaluations contained misleading information, the Higher Regional Court of Hamm ruled in September 2018. The seller has no influence on this. The judges in particular did not consider the reviews as advertising. Their content could change in no time, a single damning critique could quickly destroy a positive opinion. In addition, the average consumer at least knew about how Amazon and the rating system worked.
Amazon had refused it at the request of the dealer to delete the reviews. The VSW says, then the offerer would have to take his product completely from the side and sell it otherwise. "The dealers take advantage of the broad benefits of a large platform like Amazon, but do not want to take the disadvantages," said VSW CEO Ferdinand Selonke. That was not acceptable.
Announcement of the BGH
Amazon for dealing with customer reviews