Written confirmation of the provision of information in the online store
The sale via the Internet entails the necessity to provide the customer with relevant information about the goods and the seller himself. Due to the nature of online trading, the buyer does not have material contact with the seller and is not able to collect such data directly. Informing the buyer is not only good commercial practice, but also the seller's obligations prescribed by law.
Obligation to inform customers of the online store
The obligation to provide the e-shop customer with information is imposed on the seller by Art. 12 of the Act on consumer rights. This necessity is usually fulfilled by including all the information mentioned in Art. 12, in the regulations of the online store. However, such actions do not always exhaust the obligation resulting from legal provisions.
The act lists a number of messages that must be provided by the seller. These are data on both himself (contact details, information about his business, seat) and the method of purchase and payment, as well as the method of submitting a complaint and returning the goods. The seller should make sure that the buyer can read them carefully.
Ways of informing e-shop customers
The easiest way to provide the client with the information contained in Art. 12 is to place them on the website in the form of regulations. The Act also indicates the criteria that must be met by such an act. It should be legible and understandable (both visually and in terms of content), as well as located in such a place that it is easily accessible to the reader. Moreover, it is unacceptable for it to contain provisions that in any way infringe the consumer's interests.
The provision contained in Art. 13 of the Act on consumer rights gives the customer the opportunity to inform the customer about his right to withdraw from the contract by means of instructions and model statements, while stipulating that the seller must deliver such a letter to the consumer. In the appendix to the act, the legislator included templates of the declaration of withdrawal from the contract and instructions on this matter.
On the basis of the templates attached to the act, the seller may also construct his own templates of the declaration of withdrawal from the contract and the instruction on the rights that the customer is entitled to in this regard. However, it is important that they comply with the law and are legible and understandable.
Written confirmation of providing information to the client
The creation of clear regulations and the use of letter forms compliant with the law is extremely important, but it is not enough to recognize that the seller has fulfilled all obligations related to providing information to the customer of the online store. Art. 15 and 21 sec. 1 of the Act on consumer rights, order the seller to provide the buyer with documents containing the data referred to earlier, including information on the rules for withdrawing from the contract and submitting a complaint. In addition, the customer should receive a document that proves the conclusion of the contract. All this information must be on a durable medium, in the case of online sales, usually it is a sheet of paper attached to the shipment with the goods.
An entrepreneur who fails to provide information in an appropriate manner and fails to provide it to the client on a durable medium may incur a penalty. Pursuant to Art. 139b of the Petty Offenses Code:
Anyone who does not meet the requirements for providing information or issuing a document, as provided for in the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws, item 827), is subject to a fine when concluding a contract with a consumer.