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Old 03-08-2020, 04:22 PM
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don't use Ecwid in the EU if you don't want to get into legal troubles


unfortunately the Ecwid basic shop is not legally complaint with EU laws as this laws clearly say that a TOS link needs to be placed on the checkout page (near the checkout button). Ecwid for uncomprehensible reasons provides this functionality on the cart/account page one step before checkout and not like the law requires it.
Maybe the rules are a bit different in different EU countries but in my country (Germany) it is definitly not legally complaint like this what was not only confirmed by my laywer but could be found in numerous sources.

Now this would be not a big problem if it would be possible to adopt this and add this things on the checkout page yourself but unfortunately this is not possible.
After contacting the support the only solution that was offered to me is to implement this by hiring expensive customization service.

In my opinion it shouldn't be necessary to pay extra just to make a shop legally complaint also not to upgrade to an unlimited plan so it is possible to use and app to add extra text on the checkout page.

The basic plan is pretty much worthless at least in my country as it can't be used in a legally complaint way.

Last edited by Marc99990706; 03-08-2020 at 04:34 PM.
  #2  
Old 03-09-2020, 11:59 AM
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Mary G. Mary G. is offline
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Quote:
Originally Posted by Marc99990706 View Post
unfortunately the Ecwid basic shop is not legally complaint with EU laws as this laws clearly say that a TOS link needs to be placed on the checkout page (near the checkout button). Ecwid for uncomprehensible reasons provides this functionality on the cart/account page one step before checkout and not like the law requires it.
Maybe the rules are a bit different in different EU countries but in my country (Germany) it is definitly not legally complaint like this what was not only confirmed by my laywer but could be found in numerous sources.....

Hello,

It's Mary from the Ecwid Customer Care team.

Ecwid automatically ads a link to TOS above the "Checkout" button which displays on the first step of the checkout process. The link will display providing that the Terms of Service text is added in Settings > General > Legal pages.

Here is a screenshot of how it looks:


Besides, there is also an option to copy a link to Terms of Service page or any other legal page and place it anywhere on the website. Here is a link to instruction on how this can be done: Getting links to legal pages

It seems that there is a discrepancy in the interpretation of the law by your consultant and our team. We always want to make sure that Ecwid is compliant with EU laws and that is why my colleagues have discussed this situation with German lawyers as well. They didn't find any issues with the link to the TOS page added above the "Checkout" button.

We have already passed your feedback to the developers' team and they will check this once again. They will consider adding a link to the TOS page above the "Place Order" button that appears on the last step of the checkout process. Your email is already added to the list of store owners waiting for it to be released.

Hope this helps.
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  #3  
Old 03-10-2020, 07:18 PM
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Marcus B1 Marcus B1 is offline
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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.
  #4  
Old 03-12-2020, 08:08 AM
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Rina123 Rina123 is offline
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Quote:
Originally Posted by Marcus B1 View Post
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.

Thanks for all these details! We understand your point here.

I should say we've already decided to add such an ability to add legal documents near the Place Order button and this option is under development now. Yet, at the moment, there's no timeline set for it. As soon as we release this feature, we will definitely contact you via email.

Thank you!
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  #5  
Old 03-15-2020, 05:28 PM
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Marc99990706 Marc99990706 is offline
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thanks. This would be appreciated
 
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