BGH: Information on dispute resolution cumulative on websites and in general terms and conditions E-Commerce
The BGH has clarified that entrepreneurs must provide information on dispute resolution procedures in accordance with Section 36 VSBG cumulatively both on the website and in the GTC (if GTC are used). The decision is hardly surprising - even if the wording of the law is not entirely clear.
Specifically, the guiding principle of the BGH reads:
"If a trader both maintains a website and uses general terms and conditions, the information pursuant to Section 36 (1) VSBG must both appear on its website pursuant to Section 36 (2) No. 1 VSBG and be included in the general terms and conditions pursuant to Section 36 (2) No. 2 VSBG."
(BGH, judgment of 22.09.2020, ref. XI ZR 162/19)
The clarification of the BGH is pleasing.
Date: 9. Nov 2020