HOTREC shares a memo here below, kindly provided by our German Member IHA, regarding the so-called ‘button solution’, a regulation to increase transparency in online commerce. It ensures that the consumer, when placing an order, can see without any doubt that the order is directed towards the conclusion of a contract for which payment is required.
The ‘button solution’ was the subject of an important verdict by the European Court of Justice in April 2022 – Fuhrmann-2 case – which concluded that a contract concluded by electronic means is only validly concluded if the consumer clearly understands, solely on the basis of the words on the order button, that he enters into a payment obligation as soon as he activates that button. .