German Court Rules that Online "Fine Print" Conditions are Unacceptable

Recently, the Hamburg High Regional Court held that an online offer for sale which did not clearly disclose added delivery costs breached German consumer protection laws. The online price offered was accompanied by a nearby "more information" button which linked to a further page with three screens of technical information and, at the foot of this information, revealed the extra costs of delivery. The price offered was substantially lower than competitors' prices but, when the delivery costs were included, the total cost was substantially higher. The relevant consumer protection provision required that when advertisements stated delivery costs, those costs should be "easily recognizable as such" and should also be "plainly visible and otherwise easy to comprehend". The Court noted that prior case law had permitted notification of additional costs by way of hyperlink if the link was unambiguous in indicating the nature of the information presented on the pages to which the viewer is invited to link. However, held the Court, a button labeled simply "more info" is too general to be unambiguous. In accordance with German practice, the Court did not reveal the names of the parties. For the full text (in German) of the reasons, see: http://www.jurpc.de/rechtspr/20050027.htm Summary by: The Editor