Post by account_disabled on Nov 23, 2023 4:31:43 GMT
When we buy online, we conclude an e-commerce contract with the seller . The e-commerce contract is a distance contract, whether we are talking about direct e-commerce , where all operations are concluded online, or whether we are talking about indirect e-commerce where the conclusion of the contract is offline . To be valid, the distance contract must have certain characteristics that change depending on whether we are in the context of a b2b or b2c relationship. CONTENTS OF THE ARTICLE [ show ] E-commerce contract: characteristics There is no negotiation between the parties The first characteristic of the e-commerce contract is that there is no negotiation between the parties , but it is the seller who imposes the sales conditions unilaterally.
This type of contract is however bilateral: the seller makes an offer to the public , and the potential Phone Number List buyer expresses acceptance by clicking on a virtual button after filling in the payment details. Application of specific legislative provisions As we have seen in the mini-guide dedicated to e-commerce legislation, the European directive on electronic commerce applies only to B2B and B2C types of online sales. The directive is completed by the provisions of the Civil Code. In particular with regard to the regulation of the conclusion of the contract: The contract is concluded when the person who made the proposal becomes aware of the other party's acceptance. Limited contractual freedom in b2c The freedom of the parties in B2C e-commerce contracts is very limited by legislative directives.
This is because the consumer is the contractual party at a disadvantage, since he cannot see the goods before purchasing. So unlike the B2B relationship, the Consumer Code also applies here , so: The seller is obliged to include in the contractual clauses the right of withdrawal of 14 days in favor of the buyer and the methods for carrying it out. If he intends to make the buyer pay the cancellation costs, he must specify this. The seller will indicate the methods through which the buyer is required to communicate his intention to withdraw from the contract (email, link to the appropriate form on the website). Communication by the buyer is mandatory, unless the seller himself excludes it. Nullity of unfair clauses regarding: exclusion or limitation of the seller's liability in the event of death or damage to the consumer due to the professional's act or omission; exclusion of warranty for material defects; adhesion to the contract extended to clauses that the buyer was not able to see when concluding the contract.
This type of contract is however bilateral: the seller makes an offer to the public , and the potential Phone Number List buyer expresses acceptance by clicking on a virtual button after filling in the payment details. Application of specific legislative provisions As we have seen in the mini-guide dedicated to e-commerce legislation, the European directive on electronic commerce applies only to B2B and B2C types of online sales. The directive is completed by the provisions of the Civil Code. In particular with regard to the regulation of the conclusion of the contract: The contract is concluded when the person who made the proposal becomes aware of the other party's acceptance. Limited contractual freedom in b2c The freedom of the parties in B2C e-commerce contracts is very limited by legislative directives.
This is because the consumer is the contractual party at a disadvantage, since he cannot see the goods before purchasing. So unlike the B2B relationship, the Consumer Code also applies here , so: The seller is obliged to include in the contractual clauses the right of withdrawal of 14 days in favor of the buyer and the methods for carrying it out. If he intends to make the buyer pay the cancellation costs, he must specify this. The seller will indicate the methods through which the buyer is required to communicate his intention to withdraw from the contract (email, link to the appropriate form on the website). Communication by the buyer is mandatory, unless the seller himself excludes it. Nullity of unfair clauses regarding: exclusion or limitation of the seller's liability in the event of death or damage to the consumer due to the professional's act or omission; exclusion of warranty for material defects; adhesion to the contract extended to clauses that the buyer was not able to see when concluding the contract.