According to a BGH ruling, online retailers are no longer allowed to ask their customers for a positive rating in the invoice.
Many users know this: You order something from a retailer via Amazon, they send the invoice by email. Many online retailers also ask for a positive rating in the invoice if they liked the product.
But this is now actually inadmissible because it is considered “inadmissible advertising,” according to the Federal Court of Justice.
How did this verdict come about?
The website “ eRecht24 ” reports that the plaintiff ordered an ultrasound device for pest control in spring 2016. In the invoice sent via email, the retailer thanked them for the purchase and pointed out that it was a young company that relied on good reviews and would therefore be happy to receive a 5-star rating.
However, the buyer perceived this as an inadmissible sending of advertising and only filed a lawsuit at the district court (ref. 118 C 1363/16) and, further afield, at the Braunschweig regional court (ref. 9 S 404/16). They did not see the request for an evaluation as an “intrusion into his protected privacy and thus into his general personal rights”.
However, the BGH contradicted the judgments (ref. VI ZR 225/17 ). Accordingly, the request for a review is intended to cultivate the company's image, which in turn would have a sales-promoting effect and would therefore be advertising.
How should you proceed as a dealer?
As an online shop operator, you should now ensure that customers have given their consent to advertising before asking for a review. The “ Ligoline ” site offers online retailers a ready-made script that can be inserted into a shop. With this script, customers must explicitly agree or reject advertising before continuing with the purchase.
You can find more detailed explanations of the ruling here .
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