Basic Price and End Price go Together

When describing your product (on the Internet) do you have to add up the basic price then or will it suffice, to do this when the ordering starts? The BGH solved a dispute on this question on February 26, 2009 (re I ZR 163/06).

The defendant sells pet care products over the Internet. He was previously admonished for naming the wrong price and signed a cease and desist order. He promised to cease and desist from naming prices for his products of violating the rules of PAngV towards end consumers. In the case of violating this order, the defendant promised to pay a fine to the plaintiff.

Later that year, the defendant had a sale on his site for "Dr. Clauder's Hoof Care" for the price of € 3.99. However, on a separate page it was written that the exact price was 0.80 € per 100 ml. The plaintiff was of the opinion, that the defendant had a fine to pay due to the fact that he broke his promise not to describe products without the basic price thus violating the pricing law.

The court ruled that the basic price and end price are to be mentioned directly next to another and not in the product description (§2 I 1 PAngV). The same is true when advertising a product. Both prices are to be able to be seen concurrently.

Author:Max-Lion Keller, translated and edited by the publisher!