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Are you considering buying car seat covers? Whether and which covers you buy naturally also depends on the properties. In online retail in particular, it is necessary to provide information about the properties of product offers. But how can you assess which information is essential for a purchase decision? It's often not that easy. Some time ago, the Cologne Higher Regional Court issued a judgment that dealt with such a situation (judgment of 8.5.2020 May 6, Az. 241 U 19/XNUMX). The trial was about the Notice obligation disputed about a very specific product: Car Seat Covers for vehicles with airbags in the seat.
Process at the OLG Cologne: suitability is an essential characteristic
Do you want to preserve the original covers on the car seats, or do you just have a different taste? covers help that the user simply pulls over the car seat. But even if everything looks nice and new now, another danger can arise. Almost all modern cars have side airbagsthat protect the occupants in the event of an accident. However, this is only possible if the airbag is effective can develop freelywhich, however, even with a simple seat cover can be affected.
That was also the subject of the dispute before the Cologne Higher Regional Court. A seller of seat covers, based in Austria, who sells seat covers that are specially designed for certain types of vehicles and their airbags, was the plaintiff. The company's protective covers work with a special side seam also with the airbag. The company had sued a competitor who was also selling seat covers online. The information to what extent the covers are suitable for vehicles with side airbags was from this provider not enough or not enough recognizable. In addition, the plaintiff demanded that, in the case of payments, which are not suitable for vehicles with side airbags, a reference to an existing one risk of death is to be mentioned.
No notice of danger to life necessary!
The court took the view that the clear indication regarding the suitability of the seat covers for use in vehicles with side airbags, is essential information for the purchase decision. According to the court, without the corresponding information, namely, the buyer does not worry about the safe use of the covers. A comparison with other offers would also not be possible if the information about suitability in the respective vehicle were missing.
However, the court declared the plaintiff's request for one Notice of danger to life (danger for body and life) a rebuff. Because that the airbag is in function can be affected, already result from the reference that the covers for cars with side airbags are not suitable. So there is no need for any further information.
Should there be a notice with all advertisements?
On the other hand, the question of whether this notice is necessary for every type of advertising was not answered directly. It is conceivable that, for example, in the case of online advertising can be dispensed with. The reason for this is that the space available on the respective online advertising space is limited. In such cases, one would have to weigh up the individual cases. Since this problem was not the subject of the application, it was not decided either, said the OLG Cologne in its press release at the time.
Of course, that wasn't the end of it.
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