Q&As

What is the 'order with obligation to pay' button?

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Published on LexisPSL on 10/06/2014

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • What is the 'order with obligation to pay' button?
  • What are the obligations regarding this order button?
  • What happens if I do not follow the mandated wording (or similar formulation?)
  • Has any guidance from the government been published?

What are the obligations regarding this order button?

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (the Consumer Contract Regulations) set out a number of obligations for distance contracts which are concluded by electronic means. The Consumer Contracts Regulations, which came into force on 13 June 2014, state at reg 14(4):

If placing an order entails activating a button or a similar function, the trader must ensure that the button or similar function is labelled in an easily legible manner only with the words 'order with obligation to pay' or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader.

The Consumer Contracts Regulations, reg 14(4) is in addition to general obligation under reg 14(3) which states:

The trader must ensure that the consumer, when placing the order, explicitly acknowledges

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