I’m very supprised on the legal advice from the insurance. To buy something you need to clearly declare your intent (Willenserklärung). Most Apps/Shops save your payment and adress information and allow you to buy with a few clicks. This is convenient and with further actions like typing adress, shipping information or entering payment information you show clear intent. Now in the case where a fee clicks are enough to buy something I think we can not assume intent. The “pocket call” (Hosesacktelefon), or automatic inputs with a wet display, lagging software processing actions afterwards or pop ups right when you tab on the screen or a classic fatfinger are known to everyone. For that reason most professional software also prompts you explicitly to type something to confirm a critical action (p. e. type accountname to delet account). Clearly no one wants to type “buy” every time they shop for a new toy costing a fee CHF. And as discussed above, if further actions are taken or no cancellation attempts are made after buyer is informed the intent can reasonably be assumed. But if it is possible to buy with a few (random) clicks a car for 40’000 CHF, I would expect that there is a need to show the clear intent by preforming actions on the site that can not reasonably be random inputs (such as providing information, confirm with text or contact vendor). And no, i don’t see a second prompt “Do you really intend to…” as confirmation. This can also be quickly confirmed by accident and there have even been cases where such confirmations have been invisible on the buyer side but can still be pressed when taping on the phone. In good faith you can asume intended but clearly the seller/platform need to prove they got reasonable signals from the buyer showing his intent. Not saying that the law is this way, but that it should be this way, and I assumed it would be this way. How should I be able to buy something without providing clear intent? I don’t think it should be possible to buy a “Hosesack-SUV”. https://www.srf.ch/sendungen/kassensturz-espresso/espresso/raetselhafter-fall-auf-ricardo-wider-willen-ein-40-000-franken-auto-gekauft submitted by /u/Manoure_
Originally posted by u/Manoure_ on r/Switzerland