Legal tip: Key product features in the order summary

How comprehensively must the customer be informed about product features? German courts regularly have to deal with this question. A trend seems to be emerging: It is not enough to inform the customer about the key product features in the product details. Instead, the customer must also be informed again about the product details in the order overview.

In its judgement of 14 January 2016, Arnsberg Regional Court confirmed the legal opinion of Hamburg Higher Regional Court from 13 August 2014. In both judgements, the judges came to the conclusion that the key product features must be stated immediately before the order - as on the order overview. Unfortunately, however, the question of what constitutes essential product characteristics has not been generally defined, but requires an "evaluative consideration in the individual case".

In my opinion, the judgements are somewhat out of touch with reality, as the Higher Regional Court of Hamburg is of the opinion that the necessary level of detail depends on the detail page itself:

Against the background of the defendant's own product description, which allows a reliable conclusion to be drawn as to which features of the goods at least she herself considers to be essential, her details in the context of the ordering process [...] do not satisfy the statutory requirements of Section 312g (2) BGB....

In view of the fact that you want to present a product as comprehensively, detailed and convincingly as possible on product pages - after all, this is demonstrably decisive for an increased conversion rate - you could read from this that all information would also have to be mentioned in the order overview.however, this would lead to very confusing overviews that are overloaded with information. This contradicts the requirement to provide the user with "clear and understandable information in a highlighted manner" immediately before ordering.

How does TYRIOS deal with this dilemma?

TYRIOS offers at least two description fields:

1. the short description
2. the long description

In addition, there are self-defined description fields depending on the article type, such as "Technical data", "Scope of delivery", etc.

While the long description allows a detailed emotional description of the product in addition to technical information, the short description is limited in length. It is presented directly next to the price in the product details and is intended to inform the customer about the key features on the one hand and motivate them to read the detailed long description on the other.

The short description already contains the essential product features and is therefore also displayed in the shopping basket and in the order overview. This ensures that the key product features are presented again immediately before the order is placed, as requested by the court.

Are you on the safer side? Unfortunately, it's not quite that simple, as two questions remain unanswered:

1. Of course, the shop operator must ensure that he has mentioned the essential product features in the brief description.
2. It is still not clear what exactly belongs to the essential product features mentioned. Whether this question can be answered in principle at all, I dare to doubt at this point. Therefore, this is always a potential point of attack.

Unfortunately, case law does not make the legal situation any clearer - unless you sell parasols (which is what the judgements were about). Ultimately, however, it is a failure on the part of the legislator not to have provided greater clarity here. So, as always, good legal protection insurance is recommended.