Anyone who sells goods, services, online seminars, or other paid offerings via the Internet must design the ordering process in such a way that it is clearly recognizable to consumers when they are making a declaration that is subject to payment and legally binding. Even seemingly minor deviations in the wording of the final order button can therefore have legal consequences. This is demonstrated by a ruling of the Higher Regional Court of Celle dated May 29, 2026, Case No. 13 U 21/26.
“Buy Now and Proceed to Payment”
The subject of the proceedings was the ordering process of an online store that offered, among other things, online seminars. In the final step of the ordering process, the operator used a button labeled “Buy now and proceed to payment.” A consumer protection association objected to this design as well as other details of the ordering process and sought an injunction against the operator. The Hildesheim Regional Court had already objected to the design. In the appeal proceedings, the Higher Regional Court of Celle made it clear that it considered the appeal challenging this decision to have no prospect of success.
The decisive factor here is the so-called “button solution” under Section 312j(3) of the German Civil Code (BGB). If a consumer contract is concluded in e-commerce via a button, the button must be clearly labeled with the words “Place order with obligation to pay” or an equally unambiguous phrase. The consumer should be able to recognize, precisely at the decisive moment, that their next click will trigger an obligation to pay. According to case law, the specific wording on the button is of decisive importance in this regard.
In the opinion of the Higher Regional Court of Celle, the wording “Buy now and proceed to payment” did not meet these requirements. The addition of “and proceed to payment” was particularly problematic. Such wording can give a consumer the impression that clicking the button merely initiates another step in the ordering process and that the actual binding order may not occur until afterward. It is precisely this ambiguity that the statutory provision is intended to prevent. The court also emphasized that the button must be labeled exclusively with wording that unambiguously indicates the obligation to pay.
In the case in question, the design of the entire ordering process was also a factor. The consumer had to click, in succession, on buttons with similar-sounding labels such as “Book Now,” “Complete Order,” and finally “Buy Now ….” In the court’s view, such a sequence can further undermine the warning function of the final button. It must remain clearly discernible to the average consumer which click merely leads to the next step in the ordering process and which click actually triggers the binding, chargeable order.
Essential characteristics that must be displayed on the order confirmation page
However, the decision does not concern only the labeling of the order button. The Higher Regional Court of Celle also addressed the question of what information must be displayed to a consumer immediately before placing an order. Pursuant to Section 312j(2) of the German Civil Code (BGB), in conjunction with the information obligations under distance selling law, certain essential characteristics of the goods or services offered must be clearly and comprehensibly highlighted immediately before the order is placed.
In the case of a booked online seminar, the court held that this essential information includes, in particular, the date and the time period or duration of the event. It is not sufficient simply because the consumer has seen this information at some point on a previous page of the ordering process. The purpose of the statutory provision is precisely to present the consumer with the contractual information relevant to their decision once again immediately before they click to confirm the order. The relevant information was missing from the specific order window.
This is an important point for operators of online stores and booking platforms. The final order page should not merely display the total price, the payment method, and the order button. Rather, it is necessary to carefully assess which characteristics of the specific offer are essential to the purchase decision and must therefore be presented in direct spatial and temporal proximity to the order. For events, seminars, or other date-specific services, this may include, in particular, the date, duration, and scope of services.
Clarity of the Cancellation Policy
Another key focus of the ruling concerns the cancellation policy. In the case at hand, the consumer was provided with several different versions of a cancellation policy. However, it remained unclear which policy was intended to apply to the specific contract that had been concluded. Among other things, different provisions for services and for digital content were presented side by side.
The Higher Regional Court of Celle does not consider such a presentation to be sufficiently clear and understandable. It is not the consumer’s responsibility to first determine, based on legal analysis, whether the online seminar they booked should be regarded as a service or as the supply of digital content in order to then select the appropriate cancellation policy. Rather, a consumer must be able to recognize, without legal advice, which provisions apply to the contract they have entered into.
Companies offering a mix of digital and non-digital products and services, in particular, should therefore ensure that their cancellation policies are clearly assigned to the respective subject matter of the contract. Simply providing multiple sample texts or different versions of the cancellation policy can be problematic if the customer has to figure out for themselves which one applies to them. The key is not to provide as much legal information as possible, but to make the information relevant to the consumer’s contract available in a clear and understandable manner.
Conclusion
Overall, the decision demonstrates that, in an online ordering process, individual texts or mandatory disclosures cannot be considered in isolation. Rather, what is decisive is the interaction of the entire ordering process. The labels of preceding buttons, the presentation of key product features, the final order button, and the cancellation policy must collectively ensure that a consumer understands the legal consequences of their actions.
In practice, it is therefore advisable to regularly review existing checkout and booking processes. For the final order button, wording that is as clear as possible and aligned with the legal framework is generally the safest solution. Additional explanatory text can become problematic, particularly if it gives the impression that another non-binding step will follow after the click. Important product features should also not be listed exclusively on product pages or in earlier steps of the checkout process, but should be visible once again, to the extent required, immediately before the order is placed.
The significance of such violations should not be underestimated. The provisions challenged in the proceedings serve to protect consumers and may also be relevant under competition law. Companies therefore do not have to wait for a specific complaint from a customer. Flawed ordering processes may also be the subject of injunctive relief claims by authorized associations or other entitled parties.
The decision by the Higher Regional Court of Celle is therefore a good reason to review online stores, booking platforms, and digital sales processes not only from technical or design perspectives. The final step before placing a paid order deserves particular attention. A clear and understandable ordering process protects consumers from unintentionally entering into contracts and simultaneously reduces the provider’s risk under competition law.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.