OGH overturns Amazon Prime clauses: Consumers are entitled to these rights!

OGH overturns Amazon Prime clauses: Consumers are entitled to these rights!

On August 13, 2025, the Supreme Court (OGH) made a significant ruling in which six out of eight clauses in Amazon Prime's General Terms and Conditions (GTC) were declared unlawful. The Association for Consumer Information (VKI) filed the lawsuit on behalf of the Ministry of Social Affairs in order to protect the rights of consumers and ensure more transparency in online trading. The disputed clauses concern essential aspects such as the right of withdrawal, payment methods and membership regulations.

The inadmissible clauses include a regulation that limits the right of withdrawal from online contracts to certain withdrawal methods. The Supreme Court made it clear that such restrictions are unacceptable. In addition, the clause, which automatically charges another payment method in the event of a failed payment and can therefore incur additional costs, was classified as “grossly disadvantageous”. Canceling Prime membership without separate notice within 30 days of a failed payment was also deemed unlawful.

Confirmed clauses and their implications

Despite the critical decision, the OGH confirmed two clauses as permissible. An information clause relating to membership fees, models and terms was considered helpful for consumers. This clause is intended to provide clarity about due dates. The clause on reimbursement of membership fees was also rated as acceptable as it operates within a consumer-friendly framework, although some lack of transparency was identified.

Overall, it is emphasized that companies like Amazon have a responsibility to make their terms and conditions clear and transparent. Unfair clauses that disadvantage consumers are not permitted and contradict the legal provisions enshrined in the Electronic Commerce Act. This law regulates the rights and obligations in online trading and protects consumers from unexpected disadvantages.

Legal framework for online retailers

Online retailers are obliged to provide comprehensive information on prices, shipping costs and delivery times. Consumers have a 14-day right of withdrawal, which allows them to return orders without giving any reason. Clear return procedures and refunds must also be offered. The legal requirements, supplemented by the General Data Protection Regulation (GDPR), ensure that users' data is processed securely and that consumers are informed about their rights.

The OGH's decision underlines the need for fair and transparent dealings within the digital trading landscape. Merchants need to ensure their terms and conditions are clear and understandable to gain consumer trust. Given the continuous increase in online trading, it is crucial for everyone involved to comply with the legal framework in order to avoid unpleasant surprises.

For further information about the rights and obligations in online trading, please visit the website of vol.at be visited. Detailed insights into the decisions of the OGH are also available consumerlaw.at and the legal requirements of lawim-internet.de to find.