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Book 2 · Law of obligations  ›  Chapter 3 · Contracts concluded in electronic commerce › Section 312j

Special obligations vis-à-vis consumers in electronic commerce

(1) On the websites used for electronic commerce with consumers, the trader is to indicate clearly and unequivocally at the latest at the beginning of the ordering process, in addition to the information provided pursuant to section 312i (1), whether any delivery restrictions apply and which means of payment are accepted.

(2) In the case of a consumer contract concluded in electronic commerce that has as its subject-matter a for-a-fee service provided by the trader, the trader must provide to the consumer the information required by Article 246a section 1 (1) sentence 1 no. 1, 4, 5, 11, and 12 of the Introductory Act to the Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche), and must do so in a clear and comprehensible manner, displaying it prominently, immediately before the consumer places the order.

(3) In case of a contract in accordance with subsection (2), the trader is to arrange the ordering situation such that the consumer explicitly confirms by their order that they enter into obligation to effect a payment. If the order is placed using a button, the obligation of the trader under sentence 1 is deemed to have been met only if this button is marked in an easy-to-read manner with nothing but the words “Order and Pay” (zahlungspflichtig bestellen), or with equally unambiguous wording.

(4) A contract in accordance with subsection (2) comes into existence only if the trader meets the obligation under subsection (3).

(5) Subsections (2) to (4) are not to be applied if the contract is concluded exclusively by personal communication. The obligations set out in subsections (1) and (2) apply neither to websites concerning financial services nor to contracts relating to financial services.

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