Are consumers prevented from withdrawing from a distance selling contract due to abusive behavior? The Federal Court of Justice has to deal with the question of whether a consumer may cancel a distance selling contract with reference to an alleged low price guarantee.
A consumer had ordered two mattresses from an online store and initially paid for them after delivery. Referring to a cheaper offer from a competitor and a low price guarantee from the operator of the online store, the consumer demanded reimbursement of the difference in the amount of EUR 32.98. He threatened to withdraw from the contract with the online store if this demand was not met. After the parties were unable to agree on a refund, the consumer withdrew from the contract in due time and returned the mattresses he had received.
The operator of the online store considered the withdrawal to be invalid and refused to refund the purchase price. He was of the opinion that the consumer had behaved in an abusive manner, as a right of withdrawal in distance selling contracts only exists to check the goods and not to enforce unjustified claims from your alleged low price guarantee.
Decision of the court
The Federal Court of Justice ruled in its judgment dated March 16, 2016 - Ref. VIII ZR 146/15 (Press release) - that the consumer was entitled to a refund of the purchase price as he had effectively revoked the purchase contract.
The fact that the consumer was interested in obtaining a lower price for the mattresses does not contradict this. For the revocation of a purchase contract concluded on the Internet to be effective, it is sufficient for the revocation to be declared in due time. The provisions on withdrawal are intended to give the consumer an effective and easy-to-handle right to withdraw from the contract. According to the express statutory provision, no justification of the revocation is required.
An exclusion of the right of withdrawal due to an abuse of rights can only be considered in exceptional cases, e.g. if a consumer intends to harm the seller.
Conclusion
A consumer does not have to justify the timely withdrawal from a distance contract. Therefore, it is generally irrelevant for what reasons the consumer exercises his right of withdrawal.
EN 
DE