Advertising with a five year guarantee

Advertising with a 5-year guarantee in an online shop or on an online trading platform without specification of the guarantee conditions is a violation of competition law. Since Article 246a § 1 (1) (9) EGBGB does not distinguish between advertising with a guarantee and a guarantee bond, the guarantee conditions must also be stated in the case of a mere advertisement with a guarantee. [OLG (Higher Court of Appeal) Hamm 25.08.2016, 4 U 1/16]

• German Law! In Austria, the results may be similar, depending on the circumstances of the case.
• [“EGBGB” is the Introductory Law to the German Civil Code]