Internet sales platform

The vehicle description on an internet sales platform is decisive for the owed quality of the vehicle ordered and purchased later on the basis of this description. The seller can only successfully counter a deviating agreement if he makes it clear in the contract negotiations that an accessory or equipment feature advertised in the description is not actually present. If he does not do so, the original description is deemed to be an agreement on the condition of the vehicle even if a certain feature is no longer listed in an order form, as the buyer may rely on the content of the online advertisement in this respect.

Thus, in case of a deviation of the object of purchase from the description, a substantial material defect exists which may entitle the buyer to exercise warranty rights – such as supplementary performance, rescission or damages.

This seems consistent in view of the confidence created for the prospective buyer by the wording of an advertisement.

The law of warranty under the law of sale is a special matter of priority compared to the general contractual provisions. Let our lawyers in Berlin advise you in detail and competently on how you can effectively enforce your rights or defend yourself against unjustified claims.