EU Law analysis: Article 8(2) of 2011/83/EU, the EU Consumer Rights Directive (EU CRD) on formal requirements for distance contracts provides that a trader must ensure that a consumer, when placing his or her order, explicitly acknowledges that the order implies an obligation to pay. If placing an order entails activating a button or a similar function, the button or similar function must be labelled in an easily legible manner only with the words ‘order with obligation to pay’ or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay the trader. If the trader has not complied with this requirement, the consumer is not bound by the contract or order. The Court of Justice confirms that this obligation also applies in cases where the consumer is required to pay the pecuniary consideration to that trader only after a subsequent condition has been satisfied. Written by Geert Bovy, partner and Sebastian Tytgat, senior...
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