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Revocation: Suck it and

for purchases on the Internet is inherently the problem that you can not see and try out the goods directly. Does the buyer after receiving the goods then his right of revocation, it can be that the seller would have a value for loss compensation. He can not prevail forever.

The ECJ had in its decision of 03.09.2009 (C-489/07, NJW 2009, 3015), when it came to buying a notebook, a general obligation to pay compensation for uses of products bought at a distance thing rejected. The right of withdrawal is to compensate the disadvantage that the buyer can not examine the matter and try before you buy. If the buyer has to pay compensation, this meant that he could exercise his right of withdrawal only on payment of compensation. But then would the efficiency and effectiveness withdrawal affected.

Accordingly, the court has now ruled on 03/11/2010 (VIII ZR 337/09, Press Release No. 210/2010). The buyer had purchased in August 2008 by e-mail a waterbed. The seller had included in his offer a pdf file, which stated: "In view of the above cancellation, we would like to add to the fact that regular filling of the mattress of the waterbed deteriorate and because the bed is not more than to sell as new. " The buyer was based on the water bed and filled the mattress. Then he exercised his right of withdrawal. The Seller refused to refund the full purchase price, because the bed was not negotiable. But that did not accept the Supreme Court. Despite the loss in value may have occurred, the buyer could demand the full purchase price because he had examined the goods only. The structure of the bed and the filling of the mattress are only a consideration of the matter dar.

to note is that a liability for compensation exists when the use goes beyond a mere review. The ECJ (supra) permits a replacement value if the purchaser of the product to the principles of good faith or unfair Enrichment of incompatible way is used. The amount of compensation may also in this case are not disproportionate in relation to the purchase price. For both conditions of a compensation claim, the seller is obliged to furnish proof. (Copyright ago)