If you sell to consumers online, the law expects you to give them a fixed set of information before they click the final order button – not afterwards, and not hidden in a PDF nobody opens. In the EU, these **pre-contractual information requirements** come mainly from the Consumer Rights Directive 2011/83/EU (CRD), as amended by the Omnibus Directive (EU) 2019/2161. Getting them wrong can stretch a customer’s 14-day withdrawal right to more than a year. This article covers what you must show, where and when it has to appear, the checkout mistakes that cause most problems, and how to keep everything in place as your store changes.
What the Law Requires Before the Order Is Placed
Article 6 of the CRD lists what a distance seller must provide. It covers the main characteristics of the goods or service and the seller’s identity: legal name, geographic address, phone number and email. It also covers the **total price including taxes and all delivery charges**, or how they are calculated if they can’t be worked out in advance. You also need payment and delivery arrangements, the delivery date, and the legal guarantee of conformity. For subscriptions, you must state the contract duration and how to cancel. For digital content, you must describe its functionality and compatibility.
The withdrawal right needs the most detail. Consumers must be told the conditions, the time limit and the procedure, and must be given the model withdrawal form from Annex I(B). If the consumer will pay return shipping, you have to say so. If the goods can’t be returned by post because of their size, you must give an estimate of that cost. Since 28 May 2022, you must also disclose when a price has been personalised through automated decision-making. Online marketplaces must say whether a third-party seller is a trader and who is responsible for the contract.
Your legal identity has to match your registration records exactly. Mismatched company names and outdated addresses cause more trouble than people expect, as covered in our piece on business registration details.
The Order Button Rule and Where Information Must Appear
Article 8(2) adds a layer that many checkouts miss. Directly before the consumer places the order, you must show the key items clearly and prominently: main characteristics, total price, contract duration and minimum obligations. The button itself must say something like **”order with obligation to pay”**. Germany wrote this into §312j BGB, which is why German shops use “zahlungspflichtig bestellen”.
In Fuhrmann-2 (C-249/21, April 2022), the Court of Justice ruled that only the words on the button count. Text around the button cannot rescue a vague label. If the label fails the test, the consumer isn’t bound by the order at all.
A Checkout Scenario Most Shop Owners Will Recognise
A Shopify or WooCommerce store has a compliant checkout. The review page shows the full price, delivery costs to each country, the withdrawal terms and a properly labelled button. Then marketing adds an express payment option such as Apple Pay, Google Pay or Shop Pay directly on the product page to improve conversion.
This creates a second route to purchase that skips the review page completely. The customer never sees the delivery surcharge for Norway or the notice that personalised items can’t be returned. The button just says “Buy with Apple Pay”. Nothing looks broken and conversions go up. Meanwhile, a large share of orders were placed without the required disclosures.
An experienced e-commerce compliance lead checks **every route that leads to a payment obligation**, not only the main checkout. This includes express buttons, upsell pop-ups after purchase, one-click reorders and subscription upgrades in the customer account.
Common Mistakes That Undermine Pre-Contractual Information Compliance
**Assuming a link to the terms is enough.** This is the most common misconception. The CRD requires information to be given “in a clear and comprehensible manner” before the consumer is bound. A footer link to a 6,000-word terms page does not meet the Article 8(2) requirement to show key items directly before the order. Withdrawal conditions can sit in the terms, but price, duration and obligations have to appear at the point of decision.
**Leaving the withdrawal form out of the confirmation.** Under Article 8(7), the seller must confirm the contract on a durable medium, usually an email, no later than delivery. Many stores send a pretty order confirmation with no withdrawal information and no form. If the consumer was never properly informed, Article 10 extends the withdrawal period by up to 12 months. Return obligations connected to this are covered in more depth in our guide to eCommerce returns, refunds and disclosures.
**Surprise costs at the last step.** If a payment fee or delivery charge appears only after the consumer has committed, Article 6(6) says the consumer doesn’t have to pay it. The same rule applies to return costs. If you didn’t say the customer pays for returns, you pay.
How to Audit Your Checkout Step by Step
The benefit of a structured audit is that you find gaps before a consumer authority or a chargeback dispute finds them. Since the Omnibus Directive, fines for widespread infringements can reach at least 4% of annual turnover in the member states concerned, or €2 million where turnover data isn’t available.
1. List every route to a paid order, including express checkout, apps, account upgrades and marketplace listings.
2. Place a test order through each route and screenshot the screen shown just before the order.
3. Check the button wording against national practice in each market you sell to.
4. Compare the confirmation email with the Article 6 list, including the model withdrawal form.
5. Retest after every theme update, plugin change or payment provider switch.
Expect a full audit of a mid-sized store with 3-5 checkout routes to take 1-2 working days. The retests take about an hour each. The fifth step is where most programmes fail. Pre-contractual information doesn’t usually disappear in a single dramatic change. It wears away gradually as templates and integrations change.
Exceptions and Edge Cases
B2B-only sellers fall outside the CRD. The E-Commerce Directive 2000/31/EC still applies, though. Article 5 requires identity and contact details. Article 10 covers information about the ordering process, which non-consumers can agree to waive. If a B2B site lets anyone check out without a VAT number, it is effectively selling to consumers.
Goods that are excluded from the withdrawal right, such as made-to-order, perishable or unsealed hygiene products, still require a notice. Article 6(1)(k) obliges you to tell consumers that no right of withdrawal applies. The limited-space exemption in Article 8(4) is narrow: a small mobile screen doesn’t qualify. Language matters as well. France, for example, requires consumer information in French.
Two more updates matter. Since 19 June 2026, Directive (EU) 2023/2673 has required an online withdrawal function for contracts concluded through an online interface. In the UK, the Consumer Contracts Regulations 2013 continue to apply, and they closely follow the CRD.
FAQ
Does pre-contractual information have to be on the product page?
Not all of it. The main characteristics and price belong on the product page. The Article 8(2) items must be shown again directly before the order button. Withdrawal and complaint details can be linked, as long as they are clearly accessible before purchase.
What happens if I forget to provide withdrawal information?
The withdrawal period is extended by up to 12 months after the original 14 days. During that time, the consumer can return goods and claim a refund. Authorities can also impose fines. See consumer rights display requirements for how to present this information properly.
Do these rules apply to sellers outside the EU?
Yes, if they direct their activities at EU consumers. Signs of this include delivering to EU countries, pricing in euros or using EU-language versions of the site.
Keeping Pre-Contractual Disclosures Intact Over Time
Pre-contractual information compliance comes down to three things: the right content, shown at the right moment, through every route that leads to payment. Set up the checkout properly once, document it with screenshots, and then treat every checkout or payment change as a compliance event. Before a new express payment button or checkout plugin goes live, run one test order through it and compare what the customer sees with the Article 6 list.