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[LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Sat Apr 09, 2022 3:28 pm
by OSWorX
On the 7th April of 2022 the ECJ (European Court of Justice) published an important decision (see https://curia.europa.eu/juris/documents ... m=C-249/21 [available in many languages, see icon under Curia]) why the so called "Buy" buttons in European Webshops are violating current and valid regulations.

In short: when such a button does not show, that the visitor (customer) has to pay money, there is no valid contract signed (between the seller and the buyer)!
Important here is, the wording of that button.
A simple "Buy" or "Continue" or similar is forbidden.

Beside this "wording", before a visitor/customer wants to buy something, it has to be stated clearly, how much the visitor/customer has to pay at the end (means no additional and/or hidden costs after clicking that button are allowed).

Re: [LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Sat Apr 09, 2022 11:03 pm
by straightlight
OSWorX wrote:
Sat Apr 09, 2022 3:28 pm
On the 7th April of 2022 the ECJ (European Court of Justice) published an important decision (see https://curia.europa.eu/juris/documents ... m=C-249/21 [available in many languages, see icon under Curia]) why the so called "Buy" buttons in European Webshops are violating current and valid regulations.

In short: when such a button does not show, that the visitor (customer) has to pay money, there is no valid contract signed (between the seller and the buyer)!
Important here is, the wording of that button.
A simple "Buy" or "Continue" or similiar is forbidden.

Beside this "wording", before a visitor/customer wants to buy something, it has to stated clearly, how much the visitor/customer has to pay at the end (means no additional and/or hidden costs after clicking that button are allowed).
Typo: similar, state.

However, as for the last sentence, indeed, I already covered it up before on the forum regarding the total balance between the payment and shipping service providers where shipping providers are already validating the total balance based on the payment string that needs to be added into their API from those services who requires it but it was for the American continent. Good to know, as I expected, that this also applies to EU nowadays.

Re: [LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Sun Apr 10, 2022 12:26 am
by OSWorX
straightlight wrote:
Sat Apr 09, 2022 11:03 pm
Beside this "wording", before a visitor/customer wants to buy something, it has to stated clearly, how much the visitor/customer has to pay at the end (means no additional and/or hidden costs after clicking that button are allowed).
However, as for the last sentence, indeed, I already covered it up before on the forum regarding the total balance between the payment and shipping service providers where shipping providers are already validating the total balance based on the payment string that needs to be added into their API from those services who requires it but it was for the American continent. Good to know, as I expected, that this also applies to EU nowadays.
This regulation is already a "law" since the introduction in 2014 with the so called "Buttonlösung".

So not "nowadays" (since 8 years)!

And it is clear, that shipping costs cannot be displayed before the visitor/customer has given his address (or used the shipping calculator where enabled).
The solution is very easy: display always "temporary shipping cost" in the checkout.
They will be later replaced by the real shipping cost (when selected) - therefore the final costs are true.
And the visitor/customer will know, what he/she/it can expect to pay for shipping costs before continuing the checkout process.
Something like this here: https://osworx.net/OpenCart-30/Vorlaeuf ... penCart-30

p.s.: typos corrected, thx.

Re: [LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Sun Apr 10, 2022 12:51 am
by straightlight
OSWorX wrote:
Sun Apr 10, 2022 12:26 am
straightlight wrote:
Sat Apr 09, 2022 11:03 pm
Beside this "wording", before a visitor/customer wants to buy something, it has to stated clearly, how much the visitor/customer has to pay at the end (means no additional and/or hidden costs after clicking that button are allowed).
However, as for the last sentence, indeed, I already covered it up before on the forum regarding the total balance between the payment and shipping service providers where shipping providers are already validating the total balance based on the payment string that needs to be added into their API from those services who requires it but it was for the American continent. Good to know, as I expected, that this also applies to EU nowadays.
This regulation is already a "law" since the introduction in 2014 with the so called "Buttonlösung".

So not "nowadays" (since 8 years)!

And it is clear, that shipping costs cannot be displayed before the visitor/customer has given his address (or used the shipping calculator where enabled).
The solution is very easy: display always "temporary shipping cost" in the checkout.
They will be later replaced by the real shipping cost (when selected) - therefore the final costs are true.
And the visitor/customer will know, what he/she/it can expect to pay for shipping costs before continuing the checkout process.
Something like this here: https://osworx.net/OpenCart-30/Vorlaeuf ... penCart-30

p.s.: typos corrected, thx.
I wouldn't know since 2014, since to be fair, it is only since recently that Canada is politically allied with Europe. As for the temporary shipping fees before knowing the definite ones, it'd be great to have the serviceability lists associated with the services' order totals but I guess we ain't there yet.

Re: [LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Wed Apr 13, 2022 11:00 pm
by straightlight
He's probably trying to find another way than providing a temporary shipping amount by using order totals to being able to be tested prior to complete the order which is not possible, yet.

Re: [LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Thu Apr 14, 2022 4:06 pm
by OSWorX
straightlight wrote:
Wed Apr 13, 2022 11:00 pm
He's probably trying to find another way than providing a temporary shipping amount by using order totals to being able to be tested prior to complete the order which is not possible, yet.
Ah, okay ..
I cannot think so complicated and around the corners .. maybe that's what he is trying to find ..

Re: [LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Thu Apr 14, 2022 10:31 pm
by straightlight
OSWorX wrote:
Thu Apr 14, 2022 4:06 pm
straightlight wrote:
Wed Apr 13, 2022 11:00 pm
He's probably trying to find another way than providing a temporary shipping amount by using order totals to being able to be tested prior to complete the order which is not possible, yet.
Ah, okay ..
I cannot think so complicated and around the corners .. maybe that's what he is trying to find ..
Until payment service providers do their parts, for now, it is complicated.

Re: [LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Fri Apr 15, 2022 5:00 pm
by OSWorX
straightlight wrote:
Thu Apr 14, 2022 10:31 pm
Until payment service providers do their parts, for now, it is complicated.
The checkout process and the required parts during that to display to all customers have nothing to do with payment and/or shipping providers.
Otherwise several hundred clients of us would not be able to have successfully running Webstore built with OpenCart!

Re: [LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Fri Apr 15, 2022 7:57 pm
by straightlight
OSWorX wrote:
Fri Apr 15, 2022 5:00 pm
straightlight wrote:
Thu Apr 14, 2022 10:31 pm
Until payment service providers do their parts, for now, it is complicated.
The checkout process and the required parts during that to display to all customers have nothing to do with payment and/or shipping providers.
Otherwise several hundred clients of us would not be able to have successfully running Webstore built with OpenCart!
While running a successful store with Opencart might be one thing, payment and shipping service providers do balance the order totals for specific reasons where these reasons don't involve being on the same level as successions but neither considered as failures. Otherwise, these restrictions wouldn't be implemented on their behalf.

Re: [LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Wed May 04, 2022 9:54 am
by mikeinterserv
The arguments are void by the correct terms and conditions.
The contract is stated in the terms and conditions of using and purchasing on a site.
If those terms and conditions are stated correctly and you agree to them they are legally binding and override any other argument.
EU law is often faulty and incomplete. They are made by people who do not and never have lived in the real world.
Generally they get ignored.

Re: [LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Thu Aug 18, 2022 5:20 am
by RobertBOB
mikeinterserv wrote:
Wed May 04, 2022 9:54 am
The arguments are void by the correct terms and conditions.
The contract is stated in the terms and conditions of using and purchasing on a site.
If those terms and conditions are stated correctly and you agree to them they are legally binding and override any other argument.
EU law is often faulty and incomplete. They are made by people who do not and never have lived in the real world.
Generally they get ignored. czyj--numer.pl
OK thanks a lot

Re: [LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Fri Jan 20, 2023 12:48 pm
by onroadzbikerental
I am not aware of any specific European Court of Justice (ECJ) decision regarding the naming of "Buy Buttons" on e-commerce websites. The ECJ is the highest court in the European Union and has jurisdiction over a wide range of legal matters, including intellectual property, commercial law, and competition law. It is possible that there has been a case involving the use of the term "Buy Button" or a similar term, but without more information about the specific case it would be difficult for me to provide an accurate response.

It is important to note that laws and regulations regarding e-commerce and online sales can vary depending on the country or region, and it is important to consult with legal counsel to ensure compliance with all applicable laws and regulations.

Re: [LEGAL] EC Court Decision about "Buy Button" (and how to name it)

Posted: Fri Jan 20, 2023 3:45 pm
by OSWorX
onroadzbikerental wrote:
Fri Jan 20, 2023 12:48 pm
I am not aware of any specific European Court of Justice (ECJ) decision regarding the naming of "Buy Buttons" on e-commerce websites.
That "your are not aware" does mean, that you don't know what's going on in Europe or some of the European Countries.
I can only hope, that you never will have clients from e.g. Germany and Austria, because if you do not follow the rules and regulations > these clients have to pay a lof of money because of violating.