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The order button in your webshop must unambiguously indicate that ordering entails a payment obligation — for example, with the text 'order with payment obligation'. If the button does not meet this requirement, the consumer is not bound by the purchase and does not have to pay.
Why the order button counts
Many webshop owners believe that a customer must automatically pay by clicking the order button. That is not self-evident. The law (Article 6:230v of the Dutch Civil Code) sets requirements for that final step: when placing the order, the consumer must clearly understand that he is entering into a payment obligation.
The demand on the button
The order button — or the wording surrounding it — must unambiguously state that the order entails a payment obligation. Text such as 'order with payment obligation' suffices; vague texts such as 'request', 'confirm', or 'continue' do not. The customer must see that they are buying and paying.
The consequence of an incorrect button
If the button is defective, the consumer is not bound by the agreement. In legal proceedings, this could mean that he does not have to pay, even if he placed an order. An seemingly small piece of text on the button therefore has major consequences.
You are on the right track
Check whether your order button and the ordering process meet the requirements, and use clear wording. Combine this with a correct order summary (which products, total price, conditions) immediately before the button. This ensures the purchase is legally valid.
Frequently Asked Questions
Does my order button need to say 'payment obligation'?
The button must unambiguously indicate that ordering requires payment, for example, 'order with payment obligation'. Vague text is not sufficient.
What if my button does not meet the requirement?
In that case, the consumer is in principle not bound by the purchase and may not have to pay.
Does this also apply to business customers?
The requirement protects consumers. For business customers, your agreement and terms and conditions apply, but clarity remains advisable.
Is your ordering process legally in order?
Our legal experts review your ordering process and draft your terms and conditions via a legal scan of your webshop. Schedule a free consultation.
