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© Martin Kieffer - Attorney
Kieffer Legal Services
Law Firm
Rochusstraße 217, 53123 Bonn
NRW / Germany

Tel.: +49 228 18060951
Fax: +49 228 18060952

Offer Manipulations on Sales Web Portals

2016-08-23 16:13

On 2 August 2016 the German Federal Supreme Court (BGH) published two rulings, that if someone lists products on web portals such as Amazon, he is considered liable for contents provided by third parties(AZ I ZR 110/15 and AZ I ZR 140/14).

In particular the BGH stated: "E-tailers who offer products for sale on internet sales platform Amazon-marketplace have the obligation of due diligence and must check whether there are any changes in the descriptions of their articles in their offers that were made by third parties on their own if the platform providers permit such offer modifications."

Amazon permits e-tailers who list their articles to make use of the descriptions and pictures of those who listed them first if the product has already been published on the platform. Generally, this is an advantage for all following e-tailers who want to save the effort. At the same time Amazon makes it possible to provide a quick supply for comprehensive offers made by many e-tailers. However, it gets dangerous if these article descriptions do not correspond to the legal requirements or are changed subsequently, without Amazon advising the e-tailers accordingly in one form or another. For e-tailers with several thousand articles it is absolutely impossible to carry out such checks manually by looking at all pages since this cannot be done through database access because Amazon does not provide any access to the really visible information. One cannot possibly know where there are faulty contents for articles on the Amazon page but is, however, fully liable even it is not the own contents that were transferred to Amazon

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