eBay Users to Provide Right of Return
am 04.11.2004 von German American Law Journal :: American Edition
WO - Boston. The Federal Supreme Court of Germany, Bundesgerichtshof ruled in the matter VIII ZR 375/03 on November 3,
2004, that purchasers of goods on the eBay website have the right to return
goods purchased on the site during the statutory 14 day period after the sale. The court ruled
that a purchase made from a business via the internet is similar in nature to a Fernabsatzvertrag, a
contract for goods sold from a distance. In its decision, the court found that goods sold on eBay
were not sold by means of a true auction where the final purchaser is determined by the gavel of
an auctioneer, but rather by offer and acceptance, just like a typical agreement for the sale
of goods.
Since goods are sold via the eBay site by means of an …
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