A shop operator was sued because of this wording:
“Exclusively for medical professionals: The offers of this shop are intended for persons, institutions, authorities, and companies who use the articles in their professional or official activities.” in the GTC: “The offers of this internet shop are intended for persons, institutions, authorities, and companies who use the products in their professional or official activities.”
The seller traded in medical products. There was no further inspection, so that end consumers could also place orders without further ado.
The judges now ruled that without examination, such a formulation was inadmissible:
“Moreover, the defendant has not built any suitable control mechanisms to exclude business transactions during the ordering process.
Contrary to their statements, it is clear from the screenshots of the ordering process as well as from the inspection of the defendant’s homepage during the oral hearing, which was inadvertently not recorded, that the customer does not necessarily have to declare when ordering that he belongs to a specific professional group and uses the articles in his professional or official activity.
It is only the last sentence before the “Buy” button. The paragraph says, “I have read and agree to the terms and conditions. Furthermore, I expressly confirm that I belong to a professional group and use the articles in my professional or official activities.”
An explicit confirmation – for example, by clicking a box – was not required. However, the defendant cannot be sure that the customer has noticed the sentence, as it is in a continuous text at the beginning of which reference is made to the GTC.
The same applies to the phrase “Exclusively for medical professionals” listed on the homepage. The offers of this shop are intended for persons, institutions, authorities, and companies who use the articles in their professional or official activities. In this respect, the defendant does not require explicit confirmation that a customer is a person to whom the products may be sold.”