IKEA clause

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IKEA clause is a popular name for a regulation for the protection of consumers in Germany , according to which there is a material defect in a purchase if the assembly instructions are inadequate.

Section 434 (2) sentence 2 of the German Civil Code states that incorrect installation by the seller constitutes a defect. With effect from January 2002, sentence 2 was added: “ A material defect is also present in an item intended for assembly if the assembly instructions are defective, unless the item has been assembled correctly. "

This means that the warranty rights for defects can be asserted with regard to the sales contract if the customer damages the product during assembly due to incorrect or incomprehensible instructions.

The name is based on the popular furniture company IKEA , which sells furniture in individual parts for the purpose of easier transport and to minimize storage and logistics costs, with the assembly instructions predominantly consisting of pictures (with the exception of quantities).

literature

  • Oliver Brand: Problems with the “IKEA clause” . In: Journal for the entire law of obligations (ZGS), 2nd year (2003), no. 3, pp. 96-101.