In short. An online shop must obtain express consent to paid extras before the consumer is bound, with reimbursement due for charges based on default selections.
Definition: An online shop cannot treat a preselected paid extra as the consumer's express consent under Article 22 of the EU Consumer Rights Directive. Before the consumer is bound, the shop must obtain express consent to payments beyond the agreed price of its main contractual obligation; otherwise, a payment collected through a default option is reimbursable.
Key facts
- Article 22 of the Consumer Rights Directive, consolidated on 27 September 2026, requires express consent before the consumer is bound by the contract or offer.
- The European Commission's interpretation guidance identifies express delivery and a maintenance contract when buying IT equipment as examples of extras covered by the prohibition on pre-ticked boxes.
- The EU's Your Europe pricing guidance also lists gift wrapping and travel insurance as services that require the consumer's explicit selection before a charge.
What must happen before an extra is charged?
Article 22 of the Directive covers any extra payment beyond the remuneration agreed for the trader's main contractual obligation. The deadline for obtaining express consent is before the consumer becomes bound by the contract or offer.
A default option that the consumer must reject to avoid paying falls within the reimbursement rule. Leaving an already selected extra in the basket therefore supplies no express consent to that payment. For a checkout using checkboxes, leaving the paid extra unchecked until the consumer selects it implements the explicit selection described by Your Europe.
The Commission's guidance, section 10, also gives an insurance contract added when buying an air ticket as an example. It explains that the prohibition applies even where the additional service itself is generally outside the Directive's scope.
How does consent relate to the displayed total?
Article 6(1)(e) of the Directive requires pre-contract information about the total price inclusive of taxes and, where applicable, additional freight, delivery, postal charges and other costs. Where those charges cannot reasonably be calculated in advance, the consumer must be told that they may be payable.
Article 8(2) requires the price information to appear clearly and prominently directly before an electronic order carrying an obligation to pay is placed. Article 22 separately requires express consent to the extra payment. Showing an optional charge in the total leaves the requirement for express consent in place.
What happens if a default extra has been paid?
Article 22 of the Directive gives the consumer a right to reimbursement where the trader infers consent from a default option that must be rejected to avoid the additional payment. The payment concerned is the additional charge collected through that default option.
Article 25 also states that, where a Member State's law governs the contract, consumers cannot waive rights conferred by national measures implementing the Directive. Contract terms that directly or indirectly waive or restrict those rights are not binding on the consumer.
Related terms
- What must an online shop's payment button communicate?
- What trader contact details must an online shop display before purchase?
- What withdrawal information must an online shop provide?
FAQ
Can a shop charge for gift wrapping?
Yes, if you explicitly select the service. Your Europe lists gift wrapping among additional services requiring consent and explains that a pre-ticked box supplies no consent.
Does this protection cover a purchase for a business?
Article 2(1) of the Directive defines a consumer as a natural person acting outside their trade, business, craft or profession. A purchase made for your business falls outside that definition.
Sources
- EUR-Lex, "Consumer Rights Directive 2011/83/EU", consolidated 27 September 2026
- European Commission, "Guidance on the interpretation and application of Directive 2011/83/EU", 29 December 2021
- European Union, Your Europe, "Pricing and payments", last checked 27 January 2026
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