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‘Saying product is available soon is too vague’

Online retailers aren’t allowed to state a product is available soon’ on a product page. It’s too vague. That’s what the Oberlandesgericht in Munich decided after it reviewed a case against MediaMarkt, which used this phrase to promote the Samsung Galaxy S6.

The case against MediaMarkt has been filed by a consumer organization from North Rhine-Westphalia, after the online retailer promoted the Samsung Galaxy S6 smartphone while stating on the product page that ‘the article is available soon, orders yours now’.

‘Give customers a specific delivery time’

But the Higher Regional Court of Munich argued that online retailers need to give their customers a specific delivery time. Of course it’s allowed to say delivery will take between two and five working days or even one to three months, but saying it’s available soon is way too vague.

MediaMarkt can still appeal

In the case of an online order, customers have to know specifically before they click on the buy button until which time the goods will be delivered at the latest. The Oberlandesgericht has now confirmed the first-instance judgement of the Landgericht on 17 October of last year. MediaMarkt can still appeal as the verdict is not yet final.

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