October 2, 2026, 5:41 am | Read time: 3 minutes
A man had already driven more than 44,000 kilometers with his electric car. He had paid 60,170 euros for it. Nevertheless, the manufacturer now has to take the car back and refund a large part of the purchase price. According to a decision by the Berlin Court of Appeal, no valid purchase contract was concluded during the online purchase. The decisive factor was a single word on the order button.
A Button Becomes a Point of Contention
At the end of the online purchase, the button simply read “Order.” This became an issue when the buyer demanded his money back in August 2023. The reason he wanted to return the car is not mentioned in the ruling. The 14-day withdrawal period had already expired by that time.
The manufacturer refused the refund. The man then filed a lawsuit with the Berlin Regional Court II but was unsuccessful. He appealed, and the case went to the Berlin Court of Appeal. The question was whether clicking “Order” obligated the buyer to pay (Case No. 1 U 25/25).
Why “Order” Wasn’t Enough for the Judges
The Berlin judges disagreed. According to Section 312j of the German Civil Code, the final button in an online purchase must clearly indicate that placing the order creates a payment obligation. The law cites “order with obligation to pay” as an example. The term “Order” alone did not meet this requirement, according to the judges.
The manufacturer countered with the price information in the ordering process and a previous button labeled “Proceed to Payment.” The court was not convinced. The decisive factor is the labeling of the button that completes the purchase. The judges held the manufacturer solely responsible for the incorrect labeling, even if the customer actually intended to buy the car.
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Manufacturer to Refund More Than 53,000 Euros
Upon returning the electric car, the manufacturer is to refund 53,217.73 euros, according to the ruling. The court deducted about 7,000 euros for the trips the man made with the car after requesting the return. By that time, he already knew he would have to return the vehicle if successful.
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For the kilometers driven before, the buyer does not have to pay. The judges believed that such a deduction would undermine consumer protection.
Courts Rule Differently on the “Order” Button
There is still no uniform answer for similar cases. Just two days before the Berlin ruling, the Frankfurt Higher Regional Court reached a different conclusion in another case involving an electric car. There, the manufacturer did not have to refund the purchase price despite a button labeled “Order.” The court found the entire ordering process to be clear.
The Berlin judges have allowed an appeal. Whether the Federal Court of Justice will resolve the dispute over the labeling of the order button remains open.