About e-commerce
The role of e-commerce (e-commerce) has increased significantly today: one of the most popular ways of concluding contracts among consumers is a distance contract. . In this area, there is a special regulatory framework that applies to the requirements for the information society service and distance contract.
INFORMATION SOCIETY SERVICE: a distance service (the parties do not meet at the same time) normally provided for payment by electronic means (electronic data processing and storage, including digital compression, equipment) and at the individual request of the recipient of the service. . Information society services shall include electronic trading of goods and services, sending of commercial communications, offering opportunities for searching for information, access to it and obtaining information, services that ensure the transmission of information on an electronic communications network or access to an electronic communications network, storage of information.
When offering information society services, the service provider shall provide the following information in a demonstrated, direct and permanently accessible manner:
- the firm (name) or given name, legal address or declared place of residence and registration number of the service provider (if any);
- the contact details of the service provider, which makes it possible to quickly communicate directly, including the e-mail address;
- if the performance of the relevant activity requires a special permit (licence) - information regarding the institution which issued the special permit (licence);
- as regards the regulated professional activity, information on the professional organisation which issued professional qualifications, the name corresponding to the profession or qualification and the country in which it was granted, as well as a reference to the professional rules applicable in the country of registration and the manner in which they are available;
- if the relevant activity is taxable with value added tax - the registration number in the State Revenue Service Register of Value Added Tax Taxable Persons.
In accordance with the judgment of the Court of Justice of 16 October 2008 in Case No. C-298/07 recognised that the provider of information society services must provide other information in addition to his or her e-mail address, which ensures rapid communication in a direct and effective manner before entering into a contract with the recipients of services. This information should not necessarily contain a phone number. . It may be an electronic request template that can be contacted by service recipients on the internet by a service provider and answered by the service provider via electronic mail, unless the recipient of the service, who has no access to the electronic network after being contacted by the service provider, requests the service provider to use another form of communication which does not take place by electronic means..
! Where a price is indicated when offering information society services, the service provider shall indicate this in such a way that the price is unequivocal and clearly legible and shall provide information on whether the price includes the taxes payable and the cost of delivery of the goods.
The service provider shall be obliged to ensure that the recipient of the service has access to at least the following information prior to the order:
- the arrangements to be followed in order to make the order;
- the conditions for the storage of the contract entered into (or the contract entered into is stored) and its availability to the recipient of the service;
- technical means for identifying and correcting input errors prior to the order;
- languages offered for the conclusion of the contract.
The above provisions shall not apply to orders made through electronic mail or other electronic means of communication.
Order Terms:
If the recipient of the service makes an order, the service provider shall certify its acceptance by electronic means. . The order and the acknowledgement thereof shall be deemed to have been received when they have become available to the recipient of the service;
- The obligation of the service provider is to provide the recipient with the possibility to identify and correct input errors prior to the order (in exceptional cases where the recipient of the service is not a consumer).
The above provisions shall not apply to orders made through electronic mail or other electronic means of communication.