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Old 03-10-2020, 07:18 PM
Marcus B1's Avatar
Marcus B1 Marcus B1 is offline
Junior Member
Join Date: May 2015
Posts: 5

what you describe as first step of the checkout process is actually the cart page on which an email adress is entered for account creation or further processing. Even if you could call this the first step of the checkout process which I wouldn't describe as such this would not be legally complaint.

In Germany there had been a court decission which clarified if the TOS needs to be directly above the checkout button on the checkout page or if it is sufficient to have it below. The court ruled that it is not necessary to put it before the checkout button but it needs to be close to it.
There however is no doubt that this needs to be on the checkout page and not on the first, second or whatever page before checkout.

What you furthermore describe is again not legally complaint.
It is not true that the terms can just be somewhere on the page, like I mentioned earlier the court decission and the laws say clearly this needs to be close to the checkout button on the last stage of the checkout and nowhere else.

You are not providing any solution to solve this problem without paying additionally and therefore I can only recommend to not use Ecwid cause how it is implemented now is defintily not legally complaint in Germany and probably as well in other EU countries.

It will be of course appreciated if you can check this again but I don't like the statement that this is just a discrepancy as this is not a matter of different opinions or intepretions but there are clear laws and court decissions saying this is not right.

You should at least look into maybe making the app that allows to add custom text within the checkout page available for free and not only after upgrading the plan. In this case this thing which is legally necessary could be added without paying extra and at least those caring for a legally complaint integration of this could do it themselves.