E-commerce

The electronic commerce (e-commerce)

represents the process of selling, buying or
changing products, services and information by
means of computer networks.

What does a consumer need to know about the

agreement concluded through electronic means?

• It does not require the simultaneous presence of the contracting parties because it is
a distance contract – the offer and the acceptance of the offer are launched the
electronic means;
• It has all the effects recognized by the law for contracts;
• In order to send the order, the consumer must fill carefully an electronic form with
his name, address, telephone number, e-mail and the password used. This password can
help the consumer track the orders he made, reducing the time needed to fill all he
personal data every time he makes a new order.
• The services supplier is bound to confirm the receiving of the offer, or its acceptance,
except the agreements concluded exclusively by e-mail or other equivalent means of
individual communication, as follows:
- Sending an acknowledgement receipt by e-mail or other equivalent means of
individual communication to the address specified by the consumer, as soon as possible;
- Confirming the reception of the offer or of the offer’s acceptance, through a way
which is equivalent to the way the offer or the offer’s acceptance was sent.
• The offer and the offer’s acceptance are considered received when the parties to
whom they are sent can access them;
• The contract is concluded when the acceptance of the offer is known by the
professional, if the parties have not agreed otherwise.
• The services supplier is must inform the consumer in the pre-agreement phase
provider’s name, postal address, phone and fax numbers, e-mail address and on any
other data necessary to contact the provider, the registration number, the products and
services prices, if the delivery costs are or not included in the price and what are this
costs;
• During the execution of the contract, the services supplier undertakes the obligation
to inform the consumer about the modality of choosing a certain product or service
from “his virtual shop” or from the presentation catalogue, about the steps required to
be performed to order a certain product, the means of payment and delivery of the
chosen product, as well as the right of withdrawal.
• The information must be materialized by creating some technical means (links)
necessary to follow the steps to conclude the contract by electronic means.
• The professional must give the consumers the possibility to visualize the basket’s
content, the cost, and also to renounce to some products or to continue to shop.
Details on the obligation to inform the consumers, the execution of the contract, and
termination of the contract are to be found in the material regarding distance selling. Page | 3

Unsolicited commercial communication – SPAM

Sending commercial communications through e-mail is prohibited, with the exception of cases
where the receiver has given his consent to receive such communications.

The commercial communications which represent a service of the informational society or a part
of such a service, if they are permitted, must respect at least the following conditions:
• to be clearly identifiable as such;
• the natural or moral person in the name of which they are made to be clearly
identified;
• the promotional offers, such as reductions, prizes and gifts, to be clearly identifiable,
and the conditions to met for obtaining them must be easy accessible and clearly
presented;
• competitions and promotional games must be clearly identifiable as such, and the
participation conditions must be easy accessible and clearly presented;
• any other conditions stated by the legal dispositions.

The consumer’s consent can be obtained in any form and can be proved with any mean. The
professional must prove he has the consumer’s content.

The consent communicated by a message through the e-mail is valid if the following conditions
are cumulatively met:
• it is sent from the mailbox where the consumer wishes to receive the commercial
communications;
• the message’s subject is “I ACCEPT COMMERCIAL COMMUNICATIONS FROM”, written
with capital letters, and the name of the person for which the communications will be
sent.

The subject of the e-mail messages, which are commercial communications, must begin with the
word “ADVERTISING” in capital letters.

The commercial communications must contain at least the following information, regarding the
person for which are made:
• name;
• personal numerical code or registration code;
• postal address;
• phone and fax numbers;
• e-mail address.
The receiver of commercial communications has the right to revoke its consent to receive such
communication by simply notifying the sender.

The provider has an obligation to implement a free procedure, accessible also by electronic
means, through which the receiver would be able to revoke its consent.
Page | 4
The cancellation of the consent by electronic means must produce its effects in at most 48 hours
from the beginning of the procedure.

The provider must make public the procedure on its webpage and in the messages containing
commercial communications.

www.eccromania.ro