Order button rule (“Button-Lösung”)
The order button rule (“Button-Lösung”) obliges online shops under Section 312j(3) BGB to label the final button of a paid order with “order with obligation to pay” (“zahlungspflichtig bestellen”) or an equally unambiguous wording.
The rule aims to protect consumers from cost and subscription traps: at the decisive click it must be clear that a payment obligation arises. A plain “Order” is not enough.
The legal consequence is strict: under Section 312j(4) BGB a contract only comes into being if the business fulfils this obligation. If the correct label is missing, this can lead to repayment claims.
In individual cases, higher regional courts have ruled differently on whether buyers can rely on a wrongly labelled button — such as the Higher Regional Court of Frankfurt and the Kammergericht Berlin in 2026. The safe route remains unambiguous labelling.
What to look out for
- Label the final button in the checkout “zahlungspflichtig bestellen”.
- Also check buttons for paid subscriptions, bookings and upgrades.
- Make the button legible and free of distracting additions.
- Check again after changes to the checkout or shop extensions.
- Check multilingual shops in every language.
Common mistakes
- “Order”, “Continue” or “Complete purchase” instead of an unambiguous wording.
- A theme update overwrites the correct label.
- Paid upgrades in apps or portals without the appropriate label.
Frequently asked questions
The law requires “zahlungspflichtig bestellen” or an equally unambiguous wording. Courts apply strict standards; the safe choice is the statutory wording.
Under Section 312j(4) BGB the contract only comes into being if the obligation under subsection 3 is met. However, courts rule differently in individual cases on when buyers can rely on this.
Legal basis: Section 312j(3) and (4) BGB · As of