Rechtsliteratur

Consumer Rights Directive, Chapter 3, Article 8, 2. Consumer Rights Directive, Chapter 3, Article 8, 2.

One click only - Zur "Buttonlösung" und flankierenden Bestimmungen.

The article deals with the "button solution" pursuant to art 8 (2) of the Consumer Rights Directive (Directive 2011/83/EC) and its implementation in article 8 FAGG. The section puts the focus on the order button with which the contractual assent is submitted in an online commerce act. The button must be highlighted graphically without being obtrusive. In addition, the intent is to make the buyer aware of the acknowledgement of the payment obligation via the clicking of the button. The button should also be positioned in context with the core information of the contract terms. However, the exact form of the solution is controversial.

Schmitt draws comparisons, takes a closer look at Union law and sheds light on the button solution implementation in Germany and Austria. In particular, he explains the specifics of the manifestation of intent in connection with e-commerce.