Online Commerce, Web Stores

E-commerce

When we hear the term electronic commerce (commonly known as internet or online commerce), we usually think of selling products and services online. In a broader sense, e-commerce encompasses all so-called information society services, typically provided by a service provider for a fee, electronically, remotely and on an individual basis. Information society services may include digital delivery of services (e.g. database services or hosting services to make websites available on the Internet), online search services and online advertising.

Contracting electronically

When you make a purchase or use a service online, a contract is created under civil law between the seller or service provider (in particular, but not exclusively, a business) and the buyer or recipient of the service (consumer or business). If the parties use a means of distance communication only, such as an internet shop, to conclude the contract and are not present at the same time, the contract is considered to be a distance contract, for which additional requirements are imposed by law for consumers who are special categories of customers (B2C transactions).

The process of concluding an online sales or service contract by clicking with the mouse in an online shop is not the same as the general contracting procedure, as it is not the party providing the electronic pathway (trader or service provider) who initiates the contract, but the party making the offer (the consumer in the case of a B2C transaction) who sends the order. The contract is created by the trader's acceptance, provided that it contains the essential elements of the contract (such as the name and address of the buyer, the exact indication of the product ordered, the price, etc.), in which case the contract is created between the parties and no other confirmation (e.g. further telephone call or e-mail) is necessary. It is important to note that a contract concluded via an online shop is not yet concluded when the trader sends a general confirmation (e.g. “thank you for your order”). In the case of contracts initiated by electronic means outside this circle, for example by email, the conclusion of the contract is already in the normal course, starting with an offer by the trader or service provider to which the consumer can make an acceptance declaration, and the contract is concluded when the consumer's acceptance declaration is received by the seller. Therefore, in the case of a contract concluded by electronic mail or by an equivalent means of individual communication, the special rules do not apply.

Information about the obligations for e-commerce businesses

Legislation requires e-commerce businesses to comply with detailed pre-contractual information obligations to ensure transparency and to help consumers make informed choices.

For online shops operating within the European Union, legal provisions clearly specify the mandatory elements of pre-contractual information. Compliance with the obligation to provide prior information is regularly monitored by the Consumer Protection Authority and the Internet Laboratory of the Ministry of Justice.

The preliminary information

- must be provided electronically, i.e. on the website of the online store,

- in a continuous and direct way, i.e. accessible at any time when the website is visited, without prior registration and without using links to other websites (so-called external links), and

- in a clear, plain and easily accessible (i.e. transparent) way, i.e. in a way that facilitates the consumer's navigation on the website, with sufficient detail and structure.

Information cannot be considered clear if it is available in a menu item whose title does not indicate what information the consumer will actually find there.

Information is not comprehensible if the provider quotes the full text of the legislation literally. However, if the provider conveys the relevant information in the context of the provision of information by quoting the relevant parts of the legal text, the information is deemed to be comprehensible.

Information is not easily accessible if it is hidden in links on the website in such a way that it is only accessible after repeated clicks.

Before the purchase, the consumer must be informed

1. about the identity of the service provider,

2. about the data relating to the service provider's activities,

3. about the conclusion of the electronic contract,

4. about the content and performance of the contract,

5. about the warranties and guarantees for each product,

6. about the complaint and dispute resolution mechanisms,

7. about the cancellation right

8. about the absence of cancellation and termination rights.