In one case, a customer ordered a leather sofa from a Swiss online store. The store did not provide a cancellation policy, but instead offered return conditions that allowed for returns without cause within 14 days. The store also stated that the products came with a two-year warranty and that Swiss law would apply. After a few months, the customer noticed defects in the sofa and asked the retailer to pick up the sofa and refund the purchase price. The retailer refused. The Hamburg-Wandsbek Local Court ruled that German law applied and that the cancellation policy was unclear. The court ruled in favor of the customer and ordered the refund of the purchase price.
In this case, the Hamburg-Wandsbek Local Court found that the online store’s cancellation policy was unclear and incomprehensible because it used the term “return” instead of “cancellation.” Consequently, the 14-day cancellation period did not begin to run. As a result, the buyer was able to successfully rescind the contract seven months later.
Furthermore, the online store had improperly specified Swiss law and a venue in Switzerland in its terms and conditions. The Lugano Convention, which governs jurisdictional matters between certain countries, allowed the customer to file the lawsuit at her place of residence, the Hamburg Local Court.
