dealer does not need to worry about it, to allow the misleading customer reviews of your products, delete, judge of the Federal court of justice.
adhesives the pain just go away. It’s not So easy however, photo: Jürgen Ritter/imago
KARLSRUHE taz | Who on Internet platforms Were sold, is liable for the content of ratings and reviews. Only when health risks are threatening, can make the seller an obligation to correct position. The Federal court of justice (BGH) ruled on Thursday.
An Essen merchant selling on Amazon so-called Kinesio tape (also known as “muscle tape” is known). Earlier you were away advertised as an analgesic (“adhesives the pain”). Since the effect was but not prove, is, such advertising is now as misleading and anti-competitive. In 2013, the Essen-based retailer had to submit a Declaration to cease and desist.
In the case of the customer reviews his Tapes of the statements were, but still how “Quickly the pain will go”. The Association of social competition (VSW) requested that the dealer, therefore, he should ask Amazon for a removal of such customer comments. If Amazon refuses to sell the dealer there is nothing more. As the Shop owner remained stubborn, called the VSW 4,500 euros penalty of him, plus 1.141 Euro Abmahnkosten. The dealer let the customer speak for themselves and make their statements own.
dinner, The regional court and the higher regional court of Hamm decided against the VSW. Customer ratings were not attributable to a dealer. In this specific case, was also not in dispute that the dealer had not instigated the reviews.
In the Revision of the Federal court of justice of the VSW demanded especially that dealer to check the customer ratings on a regular basis. Traders should find misleading statements, you would need to make this right for you.
the BGH rejected now, but to a large extent. A trader can have in General, no obligation as Guarantor for the accuracy of any customer comments. These were protected by the freedom of expression, the presiding judge, Thomas cook. Also included is the discussion on Online was desirable marketplaces “society”.
A duty to correct come, so cooking is only taken into account if misleading customer statements to health hazards. This is not to be feared, when customers call Kinesio Tapes without proof, as “analgesic”.
