The seller's duty of care entails sufficient care in, for instance, their marketing. Consumers have the right to assume that the price information given in advertising is correct.
In online stores and internet advertising, information can be updated quickly and at any time. For this reason, online advertisers have a greater responsibility for the accuracy of their advertisements and store data, and the requirement for proper care is emphasised. The principle for vendors operating online is that the information given on a product – for instance its price and properties – is binding.
A consumer can demand a product at the price offered online after he/she has accepted the offer by ordering the product. Only in certain cases can the seller appeal to the incorrectness of the information and withdraw from the deal:
- If the consumer should have understood that the price was obviously wrong, the price is not binding on the seller. This applies, for instance, when the difference between the indicated price and the actual price is significant, or if the incorrect price can be considered to be exceptionally low compared to general price levels. If a television worth 600 euros is being offered at the price of 60 euros, it is probably a mistake.
- If, according to the seller, the actual price was different from the one with which the consumer placed his/her order, the seller must provide reliable proof of this.
Corrections of mistakes in advertising