What is the electronic contract?
The electronic contract is the contract in which the offer and acceptance of the parties is transmitted by electronic means of processing and data storage, connected to a telecommunications network.
The contracts concluded by electronic means are governed by the Spanish Law on Services of the Information Society and the Law on the Defense of Consumers and Users, and will produce all the effects provided for in the legal system, provided that consent and other legal requirements necessary for its validity are accomplished.
What are the main requirements of the General Contract Conditions document?
In the case of web pages that offer electronic contracting services, the Law establishes the information that must be made available to users:
Websites that offer users the procurement of goods or services online should contain a section of GENERAL CONDITIONS where you should provide customers and users a clear and comprehensible manner the following information:
– The identity of the entrepreneur / seller including his name, trade name, NIF, full address, telephone number, and email address, which allow quick and efficient communication.
– Main characteristics of the goods or services, including a description of them.
– Detailed information on the purchase price, including taxes and fees. If the price cannot be calculated in advance, how it will be determined. Indicate the costs of transport and delivery. When there are offers or discounts, clearly indicate the original price and the discount applied. Additional costs or expenses during the purchase process that have not been expressly and voluntarily accepted by the buyer are prohibited.
– The cost of using the remote communication technique for the formalization of the contract.
– Detailed description of the procedures that must be followed to sign the contract.
– The procedures for payment, delivery and execution. Accepted forms of payment must be indicated and extras cannot be charged for using them. The delivery period may not exceed 30 calendar days from the date of the contract.
– The language or languages in which the contract may be formalized.
-All the information about the right of withdrawal that the buyer has, the conditions, the deadlines, the procedures to exercise it, as well as the withdrawal form model in a downloadable or printable format. Unless we are faced with any of the exceptions to the right of withdrawal, in which case it must also be indicated that the user does not have the right of withdrawal. The period for exercising the right of withdrawal is 14 calendar days, and if this right is not reported, the period becomes 12 months, in both cases, from the date of receipt of the product in case of purchase and in the case of services, is calculated from the date of formalization of the contract.
– The solutions given to the user in the event that the product is defective or an error has occurred in the shipment. As well as a reminder of the legal guarantee of conformity for the goods.
– Indicate if the seller can file the electronic document in which the contract is formalized and if it is accessible.
-Technical means that are made available to the user to identify and correct errors in the introduction of data.
– The duration of the contract, when appropriate, or if it is of indeterminate duration. If it is extended automatically, you must inform about the resolution conditions.
– Other information that must be provided: If there is after-sales assistance, codes of conduct, the duration of the contract, or the possibility of resorting to out-of-court claim mechanisms, as well as other obligations of the parties.
All abusive clauses will be considered void.
The CONTRACT GENERAL CONDITIONS must be placed in an accessible way on the website, and must be downloadable and printable. In addition, they must be expressly accepted by the buyer before placing the order, by means of a box or ” checkbox ” by means of a ” click “. The buyer must also confirm expressly agree that the hiring of that product or service has a payment obligation.
Finally, the entrepreneur must provide the user with the confirmation of the contract signed within a reasonable period of time from its formalization, and at the latest at the time of delivery of the goods or before the start of the service.
It is recommended to carefully review the GENERAL CONTRACTING CONDITIONS of our website, to ensure that it complies with all the requirements imposed by law and that we make the necessary conditions to contract available to users. You can get in touch with our team for more information.