Checkboxes Below Digital Products
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1. Objective
Ensure that customers, before completing their purchase,
- actively agree to the waiver of the 14-day right of withdrawal*,
- have read and accepted the Terms and Conditions (T&C),
- have acknowledged the Privacy Policy.
*Waiver of the right of withdrawal for digital products is only permitted with explicit consent (Section 356 (5) BGB, German Civil Code).
2. Placement in Checkout
- All checkboxes should be placed directly before the final purchase button
- Checkboxes must not be pre-checked (the customer must actively agree)
- Wording should be as clear, understandable, and unambiguous as possible
3. Recommended Checkbox Texts and Explanations
a) Waiver of Right of Withdrawal
Yes, I expressly agree that the contract will be executed before the end of the withdrawal period and that I lose my right of withdrawal once the digital product has been made available to me (Section 356 (5) BGB).
Explanation:
Customers must be clearly informed that their right of withdrawal will expire as soon as they agree to the contract and execution begins. This must be confirmed by active consent.
b) Terms and Conditions (T&C) Read
I have read and accept the Terms and Conditions.
Explanation:
The link must lead directly to the current terms and conditions. The text signals active acceptance.
c) Privacy Policy Read
I have read and acknowledged the Privacy Policy.
Explanation:
A direct link to the privacy policy is mandatory. The checkbox documents that the customer has been informed.
4. Implementation Steps (Roadmap)
- Formulate texts precisely (see above) and review them
- Integrate checkboxes in the checkout process (no pre-selection)
- Clearly link to T&C and Privacy Policy
- Technically ensure that the "Buy" button is only active once all checkboxes are selected
- Document all consents (e.g., in the customer account/order log for traceability)
- Regularly review whether texts, links, and procedures remain legally compliant (update if laws change)
5. Example: Checkout Display
- [ ] Yes, I expressly agree that the contract will be executed before the end of the withdrawal period and that I lose my right of withdrawal once the digital product has been made available to me (Section 356 (5) BGB).
- [ ] I have read and accept the Terms and Conditions.
- [ ] I have read and acknowledged the Privacy Policy.