It is still the case that many online retailers include their name, address and possibly a fax number as well as their telephone number in the cancellation policy on eBay or in online stores, thereby risking a warning. The OLG Frankfurt already decided in 2004 that this anti-competitive and admonishable (judgment of 17.06.2004 - 6 U 158/03).

The court stated that this extended the withdrawal instructions beyond the statutory information. This entails the risk that the consumer mistakenly assumes that he can also exercise his right of withdrawal by telephone, which is not the case. According to § 355 para. 1 BGB, the revocation can only be exercised in text form, i.e. in writing, by e-mail or fax and by returning the purchased item. The additional mention of the telephone number therefore violates the clarity requirement of Section 355 (2) sentence 1 BGB, according to which the consumer must be informed of his statutory rights by means of a clearly structured declaration.

The lower court (Frankfurt Regional Court) was still of the opinion that it was sufficiently clear from the cancellation policy that the cancellation itself could not be exercised by telephone, meaning that the telephone number could only be understood as an offer to the consumer to obtain additional information. The judgment was overturned or amended by the Higher Regional Court of Frankfurt on this point and the defendant was ordered to cease and desist.

It is always possible to provide the customer with additional information. However, this should not be part of the Cancellation policy to avoid misunderstandings.