Ecommerce websites sell counterfeit products

Despite knowledge: Selling counterfeit goods is a material defect

The warranty, usually referred to as a guarantee case in common parlance, is the seller's obligation to deliver a faultless article. The object of purchase must therefore be free of defects at the time of delivery or at least be in the agreed condition, e.g. B. in used goods and antiques. In the case of defective goods, the buyer can request repairs or a new delivery or, under certain circumstances, even reduce the purchase price or completely reverse the contract. But what about counterfeit goods?

Selling a plagiarism is a shortage

There are the dark sides of the Internet, because branded goods come in abundance in counterfeit form over the shop counter. This was also the case in a case that the Essen District Court had to decide. The ad for an expensive designer sweater with an original purchase price of 850.00 euros read as follows: “New with tags: New, unused and unworn item in the original packaging, size: S, color: black, neckline: round neckline, department: men , Brand: Givenchy (...) condition. New with label. "

The highlight of the matter was that the luxury sweater had changed hands for around 30 euros at auction. The seller already had the counterfeit in the item description with the note "Private sale, therefore no return, exchange or warranty. PRICE SAYS EVERYTHING; so please only bid if you agree. ”indicated. Nevertheless, the buyer later sued the dealer for damages in the amount of the difference between the purchase price and the actual value.

Despite the fact that a fake remains a fake

The Essen District Court ruled in favor of the buyer (Essen District Court, judgment of July 15, 2020, file number 22 C 97/20). Even if you could have known or guessed that the low price was a fake, the fact remains that the sweater does not show the condition as it was promised, namely to be an original. The seller mentioned the brand name in his description and also referred to the original packaging. For the objective observer, all of these are features that indicate original branded goods.

The phrase “price says it all” is not particularly meaningful in connection with an Internet auction and therefore no indication of the assumption that the item is counterfeit. There is also no clear indication that the goods are not original. In addition, the Ebay terms and conditions expressly prohibit the sale of plagiarism and forgeries.

Seller has to pay

The decision is bitter for the seller, because a warranty claim due to a defect means the following: He has to deliver the item actually sold as it was promised: In other words: He has to organize the original Givenchy sweater and send it to the customer. The customer opted for compensation as an alternative: All in all, he has a loss of 814.61 euros, because the claim exists in the amount of the difference between the value in the original (850.00 €) and the purchase price already paid incl. Shipping costs (35.39 euros).