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Order button in E-business for free-of-charge-test

17.05.2016

A button for ordering a service package (premium membership for a streaming and DVD rental service) that runs "Test free of charge now – after that fee-based” violates § 312j Abs 3 BGB (German civil law Code; corresponding to § 8 Abs 2 FAGG in Austria). Such a button can only be labelled with the words "order is subject to a fee" or be labeled with a corresponding explicit formulation. Furthermore, the display of the price per billing period is required by law, if the customer selects multiple services from a package; this applies even then, if from a consumer’s perspective a uniform service package is offered. If the entrepreneur does not fulfill these information requirements, the consumer is not obliged to pay the costs. [OLG Köln 02.03.2016, 6 U 39/15]