BGH: Right of withdrawal also in case of misuse

BGH, judgment of. 16.03.2016, Ref. VIII ZR 146/15

A consumer had ordered two mattresses. The consumer later informed the trader that he had found the mattresses cheaper elsewhere and asked for a refund of the difference; otherwise he would cancel the contract. The trader refused the refund, the consumer withdrew. The BGH ruled that the withdrawal was lawful. According to the BGH, the trader's objection that the revocation was an abuse of law because the revocation only served to check the goods and not to enforce a (disputed) low price guarantee is irrelevant.

Date: 16. Mar 2016