Preserve the basket, wording, price and technical flow.
Preserve the basket, wording, price and technical flow.
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Preselected add-ons in online shops: reviewing the UWG and FAGG
How businesses review preselected add-ons, consent and checkout flow under the UWG and FAGG.
, Mag. Bernhard Brandauer, Rechtsanwalt
An add-on may appear in checkout even though it is not part of the main product. If it is already selected and must be actively removed, the customer’s conscious choice requires separate review.
Section 4a FAGG is a central reference for certain additional payments. Section 2 UWG requires an assessment of the actual commercial practice.
Preserve the complete checkout before changing it: basket, selection, price, confirmation and payment record.
Section 2 UWG and section 4a FAGG: preselection is not express consent.
First orientation
Which add-on is selected automatically in the online shop?
An add-on may appear in checkout even though it is not part of the main product. If it is already selected and must be actively removed, the customer’s conscious choice requires separate review.
Which add-on is selected automatically in the online shop?
Which add-on is selected automatically in the online shop?
First orientation
First orientation
Organise order, payment, communication and refund records.
Organise order, payment, communication and refund records.
Document the original page, period and reach.
Document the original page, period and reach.
Legal framework and boundary
Legal framework and boundary
The key question is whether the customer actively selected a separate service or the shop selected it in advance.
Basket and consent
Basket and consent
Check visibility, removability, final price and wording. A prefilled choice is not the same as conscious confirmation.
Preserve the original
Preserve the original
Keep desktop and mobile views, confirmation, shop version, approvals and payment records.
Roles and release
Roles and release
Separate shop operator, agency, payment provider and product owner.
Response
Response
Design changes, payment return and further claims are separate questions.
Practical review list
Practical review list
Record main service, add-on, selection status, price, consent, confirmation and communications.
Possible classifications
Common questions about preselected add-ons
May an online shop preselect an add-on? +
That depends on the actual flow and consent required.
Is a terms reference enough? +
A terms reference does not automatically replace a clear checkout selection.
Which records matter? +
Preserve the complete checkout, versions, prices, approvals, confirmation and payment.
Further information
Injunctions and interim relief
Topics
UWGFAGGOnline-ShopZusatzleistungWettbewerbsrecht
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