🪤 Subscription traps, cancellation button and contract terms
In brief
If you can conclude a contract online, the provider must also make it cancellable online. That is what the cancellation button is for.
- The button reads "Cancel contracts here".
- You then confirm with "Cancel now".
- The provider must confirm the cancellation immediately in text form.
- If the button is missing, you can cancel at any time without notice.
Step by step
- Find the buttonOn the website: "Cancel contracts here".
- Enter details and confirmEnter contract, name and cancellation date. Then "Cancel now".
- Keep the confirmationThe provider must confirm the content, date and time. Save the confirmation.
- If there are problemsAlso send the cancellation by e-mail or letter and ask the Verbraucherzentrale.
Deadlines
- The cancellation button does not apply to financial services (exception in § 312k).
- The button must be labelled with nothing other than the prescribed words (or equivalent).
- If the button is missing, cancellation is possible at any time without notice (§ 312k Abs. 6 BGB).
- For "free" offers with hidden subscriptions: check the order button and price carefully.
In depth · legal basis, figures and practice – for advisers and professionals
Cancellation button, § 312k BGB
§ 312k BGB applies to consumer contracts in electronic commerce concerning continuing obligations; financial services and contracts with stricter forms of termination are excluded. The trader must provide a button labelled with nothing other than "Cancel contracts here" and, on the confirmation page, a button labelled "Cancel now", and must immediately confirm the cancellation electronically in text form with content, date and time. Under § 312k Abs. 6, if the buttons are missing the consumer can cancel at any time without a notice period.
Terms in general terms and conditions, § 309 Nr. 9 BGB
The rule applies only to general terms and conditions in contracts for the regular supply of goods or the regular provision of services or work. The following are invalid: a term binding the other party for more than two years, a binding tacit renewal, unless the contract is only renewed for an indefinite period and the customer can cancel at any time with at most one month's notice, and a notice period longer than one month before expiry of the originally agreed term.
Cost trap, § 312j BGB
Under § 312j Abs. 3 BGB, the order button must be labelled "order with obligation to pay" or a similarly unambiguous wording. Under para. 4, otherwise no contract is concluded.
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