(1) Where goods or services are offered with reference to their characteristics and price in such a manner appropriate to the communication medium used that an average consumer can conclude the transaction, the following information is regarded as material within the meaning of section 5a (1) if it is not already apparent from the context:
1. all the main characteristics of the goods or services to an extent appropriate thereto and to the communication medium used,
2. the identity and address of the entrepreneur and, where applicable, the identity and address of the entrepreneur on whose behalf he or she is acting,
3. the total price or, in cases where the nature of the goods or services means that such a price cannot be calculated in advance, the manner in which the price is calculated and, where appropriate, all additional freight, delivery and postal charges or, where these charges cannot be calculated in advance, the fact that such additional charges may be payable,
4. arrangements for payment, delivery and performance insofar as they depart from the requirements of professional diligence,
5. the existence of a right of withdrawal or cancellation and
6. in the case of goods or services offered on an online marketplace, information concerning whether the person or entity supplying the goods or services is, according to his, her or its own declaration vis-à-vis the operator of the online marketplace, an entrepreneur.
(2) Where an entrepreneur provides consumers with the possibility to search for goods or services which are offered by different entrepreneurs or by consumers, the following general information is regarded as material irrespective of where the legal transaction can be concluded:
1. the main parameters determining the ranking of goods or services which are presented to the consumer as the result of a search query and
2. the relative importance of the main parameters determining the ranking as opposed to other parameters.
The information referred to in sentence 1 must be directly and easily accessible in the search results presented. Sentences 1 and 2 do not apply to the providers of online search engines within the meaning of Article 2 no. 6 of Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20 June 2019 on promoting fairness and transparency for business users of online intermediation services (OJ L 186, 11.7.2019, p. 57).
(3) Where an entrepreneur makes available reviews which consumers have provided in respect of goods or services, these are deemed to constitute material information concerning whether and how the entrepreneur ensures that the published reviews were produced by those consumers who actually used or purchased the goods or services.
(4) ʻMaterialʼ within the meaning of section 5a (1) is also deemed to include that information which may not be withheld from consumers on the basis of EU regulations or under legal provisions implementing EU directives for the purposes of commercial communications, including advertising and marketing.