AG Dortmund: Right of withdrawal also for individually configured sofa
The online shop operator offers individually configurable sofas. The sofas are only manufactured after the order has been placed, which is why the online shop operator excluded the right of withdrawal due to individual customer selection. The plaintiff consumer selected the color and position of the reclining element of a sofa and placed an order. The entrepreneur manufactured the sofa and delivered it. The consumer withdrew the following day.
According to the Dortmund District Court (AG, judgment of 28.4.2015, ref. 425 C 1013/15), the right of withdrawal exists; the exclusion was ineffective. Reasoning: Although the manufacture of the sofa could no longer be reversed, the online shop operator could possibly still sell the sofa elsewhere. As recently as 2014, however, the Düsseldorf Regional Court ruled that the exclusion of the right of withdrawal is permissible for a configured sofa. It should also be noted that the official explanatory memorandum to the law mentions the manufacture of customized curtains as an example of a possible exclusion of the right of withdrawal. The case law therefore appears to overstretch consumer protection to some extent.
Date: 3. Jun 2015