Online store: Two contracts – two buttons

The Nuremberg Higher Regional Court has ruled that a single „order now“ button is misleading if it is not clear that two contracts are being concluded. In this specific case, the confirmation of the button was intended to conclude both a purchase contract and a membership in the online store. According to the court’s decision, different express declarations by the consumer are also required for different contracts. The consumer association enforced a corresponding injunction against the operator of the online store (OLG Nuremberg, judgment of 5 May 2020, ref. 3 U 3878/19; PM of the Consumer Advice Center Baden-Württemberg of 29 July 2020).

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