Confirmation of the provision of information in the online store
Online sales place many different obligations on the seller. One of them is the need to provide the customer with relevant information about the store and the seller himself - due to the specificity of online commerce, he is not able to collect such data. Importantly, providing such information is not only a courtesy gesture towards the buyer, but also an obligation specified by law. Is it also necessary to confirm the provision of information in the online store in writing?
Information obligation in the e-shop
The need to provide information to the buyer in the e-shop results from Art. 12 of the Act on consumer rights. It specifies what exactly the seller should say:
At the latest when the consumer expresses his will to be bound by a distance or off-premises contract, the trader is required to inform the consumer in a clear and understandable manner about:
- the main features of the service, taking into account the subject of the service and the way of communicating with the consumer;
- your identifying data, in particular about the company, body that registered the business, as well as the number under which it was registered;
- the business address, e-mail address and telephone or fax numbers, if available, at which the consumer can contact the trader quickly and efficiently;
- the address at which the consumer may submit complaints, if different from the address referred to in point 3;
- the total price or remuneration for the service together with taxes, and when the nature of the subject of the service does not allow, judging reasonably, to calculate their amount in advance - the manner in which they will be calculated, as well as charges for transport, delivery, postal services and other costs, and when the amount of these fees cannot be determined - about the obligation to pay them; in the event of concluding an agreement for an indefinite period or a contract including subscription, the entrepreneur is obliged to provide the total price or remuneration including all payments for the settlement period, and if the contract provides for a fixed rate - also total monthly payments;
- costs of using a means of distance communication to conclude a contract, in case they are higher than usual for the use of that means of communication;
- method and date of payment;
- the manner and time limit for the performance by the entrepreneur and the complaint handling procedure applied by the entrepreneur;
- the manner and time limit for exercising the right to withdraw from the contract pursuant to art. 27, as well as the model withdrawal form included in Annex 2 to the Act;
- costs of returning items in the event of withdrawal from the contract, which are borne by the consumer; in relation to distance contracts - costs of returning items, if, due to their nature, these items cannot be returned by regular mail;
- the consumer's obligation to pay reasonable costs incurred by the entrepreneur in accordance with Art. 35, if the consumer withdraws from the contract after submitting a request in accordance with art. 15 sec. 3 and art. 21 sec. 2;
- no right to withdraw from the contract pursuant to art. 38 or circumstances in which the consumer loses the right to withdraw from the contract;
- the entrepreneur's obligation to deliver goods without defects;
- the existence and content of guarantees and after-sales services and the manner of their implementation;
- the code of good practice referred to in art. 2 point 5 of the Act of August 23, 2007 on counteracting unfair market practices and the manner of becoming acquainted with them;
- the duration of the contract or on the method and conditions for termination of the contract - if the contract is concluded for an indefinite period or if it is to be automatically extended;
- the minimum duration of the consumer's obligations under the contract;
- the amount and method of deposit or other financial guarantees, which the consumer is obliged to fulfill at the request of the entrepreneur;
- functionality of digital content and technical measures to protect them;
- significant interoperability of digital content with computer hardware and software that the entrepreneur knows or should know about;
- the possibility of using extrajudicial means of dealing with complaints and redress as well as the rules of access to these procedures.
Usually, the data indicated in the cited provision is included in the regulations of the e-shop available on the website, but not always the mere inclusion of them in this document exhausts the seller's information obligations - he should make sure that the customer has read them (or at least had the opportunity to consult them). introduce them).
If the contract is concluded on behalf of another entrepreneur, provide the data referred to in points 2–4, identifying that entrepreneur. And in the case of a public auction, the information referred to in points 2 to 4 may be replaced with information about the organizer of the auction.
How should information be provided to e-shop customers?
As already mentioned, the easiest way to provide this information is to include it in the regulations of the e-shop. However, it should be ensured that it meets the criteria specified by the act, i.e. it should be clear, legible and understandable both in terms of form and content. The entrepreneur should also put it in such a place that it is easily accessible to the reader. It should also not contain prohibited clauses.
The Act on consumer rights allows the customer to be informed about his right to withdraw from the contract by means of instructions and model statements, however, it emphasizes that the seller must deliver such a letter to the consumer.
Moreover, in the annex to the act, the legislator included templates of the declaration of withdrawal from the contract and instructions on this matter. The seller is not obliged to use them - he can construct his own based on them, provided that they are legal, understandable and legible.
Written confirmation of the provision of information in the online store
Jansy, understandable rules and templates of letters compliant with the law are not everything. It is equally important to fulfill all information obligations towards the client. Art. 15 and 21 sec. 1 of the Act on consumer rights also indicate that the seller is obliged to provide the buyer with the aforementioned documents, including information on the rules for withdrawing from the contract and submitting a complaint. The customer should also receive a document confirming the conclusion of the contract. Importantly, this information should be on a durable medium - in online stores, a written confirmation of providing information to the customer of the online store is carried out by attaching the above-mentioned documents to the goods.
If the entrepreneur neglects his information obligations towards the client, he may be fined, pursuant to Art. 139b of the Petty Offenses Code:
Article 139b Who, in the scope of the activities of his enterprise, when concluding a contract with a consumer, does not meet the requirements for providing information or issuing a document, provided for in the provisions of the Act of 30 May 2014 on consumer rights (Journal of Laws, item 827), shall be liable to a fine .