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Contract Concluded Only by Clicking Yourself

Contract Concluded Only by Clicking Yourself

A woman from Munich obtained an online quote from a dental clinic for orthodontic treatment and forwarded it to a dentist friend in Brazil; she asked her for advice.

The dentist accidentally clicked on the “Place a binding order now” button, and the dental clinic subsequently sued the Munich woman, who was unwilling to pay. The Munich Local Court (judgment of October 23, 2024, 231 C 18392/24) ruled in favor of the consumer;

an accidental click does not lead to the conclusion of a contract. Furthermore, merely forwarding a message does not constitute a power of attorney within the meaning of Section 164(1) of the German Civil Code (BGB). The question of whether the Munich resident could have rescinded the contract anyway under Section 312g(1) of the German Civil Code (BGB) therefore did not need to be decided.