Button solution

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The so-called button solution is a regulation created by German legislators in 2012 to increase transparency in online trading . Consumers should be able to recognize precisely and reliably when a "click" costs money. Accordingly, the law regulates which information must be made available to consumers in what form immediately before placing a paid order on the Internet. With this regulation, the legislator is reacting to abuse through so-called subscription traps on the Internet. The button solution came into effect on August 1, 2012 and, in addition to normal online trading, also affects trading via mobile sites or apps , as well as via platforms such as Amazon or eBay .

Starting point change in law

The basis of the changes was the 2012 revised § 312g BGB old version . With the reform of consumer protection law in 2014, the button solution can now be found in § 312j BGB as of June 13, 2014 .

(2) In the case of a consumer contract in electronic business dealings, the subject of which is a paid service by the entrepreneur, the entrepreneur must provide the consumer with the information in accordance with Article 246a § 1 Paragraph 1 Clause 1 Nos Immediately before the consumer places his order, make available the code in a clearly and understandable manner in a highlighted manner.

(3) The entrepreneur must arrange the order situation for a contract according to paragraph 2 in such a way that the consumer expressly confirms with his order that he is obliged to pay. If the order is placed via a button, the entrepreneur's obligation from sentence 1 is only fulfilled if this button is clearly legible with nothing other than the words "order subject to payment" or is labeled with a corresponding unambiguous wording.

(4) A contract in accordance with paragraph 2 is only concluded if the entrepreneur fulfills his obligation under paragraph 3.

On the one hand, the new regulations concern the correct specification and placement of mandatory information as well as the correct labeling of the completion button, which ultimately triggers the order.

Mandatory information

The new regulations for the button solution essentially relate to the completion of the order process (order overview). The necessary mandatory information such as product features, minimum term, total price, shipping and additional costs must be clearly understandable and highlighted (e.g. color design) in immediate, direct temporal context in front of the order button. As a result, all distracting elements between the order button and mandatory information must be removed. This also includes the reference to the right of withdrawal or the terms and conditions.

Order button

The button for submitting the order must be placed clearly visible once at the end of the order page (no multiple use of the button permitted). When naming the button, the legislature allows various alternatives. In principle, however, it also applies here that confusing and distracting additions are prohibited. When submitting his contract-related declaration, the consumer must be informed clearly and unambiguously that his order triggers a financial obligation.

Permitted terms

  • Order for a fee
  • Agreement to pay for the order you are placing
  • Conclude a contract liable to pay
  • Buy now

Inadmissible designations

  • registration
  • To order
  • Further
  • Place an order
  • Order and Buy
  • to buy

Consequences of non-compliance

If the button indicating the obligation to pay is missing, no legally effective contract is concluded. Just like the lack of mandatory information on the order summary page, this means that the consumer is given an unlimited return option. In any case, there is a competition violation that can be warned, with the corresponding consequences.

literature

  1. New regulation for shop operators: The button solution will be available on August 1, 2012, http://www.gepruefter-webshop.de/shopbetreiber-blog/
  2. Recommendations for action for online retailers to introduce the button solution, http://www.bvdw.org/medien/bvdw-handlungsempfänger-fuer-online-haendler-zur-einfuehrung-der-button-loesung?media=4043

Web links

Individual evidence

  1. ↑ Consumer protection on the Internet - protected with the button solution. In: Homepage of the Federal Government. September 5, 2014, accessed October 30, 2015 .