Customers Are Called for Input on New Product Designs - Court rules against defaulting to pricier shipping methods.
Consumers purchasing items online can't have express shipping automatically selected for them by the online store. The Higher Regional Court (OLG) in Karlsruhe upheld a decision made by the Regional Court in Freiburg, reported a court spokesperson on Wednesday. The court case centered around an electronics retailer who had automatically chosen the 'express shipping' option for certain items. If a customer didn't want this more costly shipping, they had to explicitly decline it. The German Federation of Consumer Organizations (vzbv) pursued legal action, winning in the initial trial. The appeal to this judgment was subsequently rejected by the OLG.
The vzbv expressed satisfaction with the ruling, "extras that come at a cost must only be agreed upon by the consumer," commented managing director Ramona Pop. The law forbids agreeing to such additional services through pre-selection in online shopping. Express shipping falls into this category of additional services. The decision is legally binding according to the court's statements (Case No. 14 U 134/23).
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- The case in Baden-Württemberg, similar to the one in Freiburg, saw a court ruling against an electronics retailer who defaulted to 'express shipping' for certain items, prompting a legal challenge from the German Federation of Consumer Organizations (vzbv).
- If a consumer in Fribourg or Baden-Württemberg wishes to purchase electronics online, they will now be required to explicitly agree to any additional services such as express shipping, following a decision made by the OLG in Karlsruhe.
- The electronics trade in the region of Fribourg and Baden-Württemberg should take note of this judgement, which sets a significant precedent and emphasizes the importance of respecting consumer choices and their default setting preferences.
- Consumers shopping for electronics on international platforms may also find interest in the vzbv's stance on the matter, as their rights to make informed decisions regarding additional services and shipping options are protected by this landmark German court ruling.