How to report an online sale:
The LSSICE obliges the provider/seller to inform buyers about a series of issues in order for the transaction between the two to be valid.
It is not enough to inform, you must ensure that the buyer understands and accepts these conditions before making the purchase, and this is only possible if we ensure that we incorporate clear information mechanisms and mechanisms to require consent that the user understands and accepts these conditions.
Contracts concluded by electronic means shall produce all the effects provided for by the legal system, when consent and the other requirements necessary for their validity are met.
Therefore, we will not be able to make a legal and valid sale until we have correctly informed and required consent with that information.
This information must be provided before the order is placed, in a clear and comprehensible manner, in general, through the general terms and conditions of contract and, in particular, through the product sheets or web pages themselves, depending on the characteristics of each product or service.
It is for the seller to be able to prove that he has properly informed the consumer before the order is placed of all aspects of the sale.
The LSSICE requires that the font size should not be less than one and a half millimetres and that the contrast with the background should not make it difficult to read.
Obligation to report on the following:
1 The main characteristics of the goods or services
The content of the information will depend on the complexity of the product or service to be offered for sale, and in any case it is necessary to inform about the restrictions of the offer.
2 The identity of the seller, including the seller’s trading name
Trade name and company name.
In this section we must also report:
– The full address of the seller’s place of business and telephone number.
– E-mail address and fax number,
Risk analysis
– The tax identification number (NIF or CIF)
– The particulars of the entry in the Commercial Register or of the register in which it may be entered, as the case may be.
It is also necessary to inform of the details of the administrative authorisation which, where applicable, must be obtained for the exercise of the activity, for example, in the case of travel agencies, the registration number, or if exercising a regulated profession, the identification details granted by the competent body.
According to the Directive, reference must be made to the geographical address and it would not be valid to simply indicate a code or post office box.
3 The total price, including all taxes and charges
If the price cannot be reasonably calculated in advance due to the nature of the goods or services or an estimate is necessary, information must be given on how the price is determined as well as any additional transport, delivery or postal charges that may be payable or, if such charges cannot be reasonably calculated in advance, the fact that they may be payable.
If the contract is open-ended, automatically renewed in instalments or is a recurring subscription, e.g. to an online payment subscription, the price should include the total costs per billing period and monthly costs.
Where it is not possible to reasonably estimate the total cost in advance, the manner in which the price is determined must be indicated. For example, according to the European Commission’s Guide, if the price depends on the consumer’s use of the service, the seller must provide a detailed list of prices per use.
4 On the right of return and commercial withdrawal.
The right of withdrawal is the right of the consumer to cancel the order placed and return what he has purchased, without having to justify his decision. Before placing the order, the seller must provide and inform the consumer in a clear, comprehensible, accurate and appropriate manner about:
– Whether or not there is a right of return in accordance with the statutory exceptions.
– The time limit, the requirements for exercising it, – the consequences of exercising it, the form of exercising it. – The way(s) by which you can return the product or service.
– Whether or not the consumer will have to bear the cost of returning the goods or services.
• El coste de la devolución de los bienes cuando por su naturaleza no puedan devolverse, normalmente, por correo
– The circumstances in which the right of withdrawal may be lost.
Information on the right of return can be provided by means of the correctly completed and adapted model information document. It is up to the seller to prove that he has correctly informed about the right of withdrawal.
5 The cost of the use of the means of distance communication used for the conclusion of the contract
This information refers, for example, to cases where the service is provided over the telephone and the cost of the call includes the price of the service in the form of a premium rate service.
6 The procedures for payment, delivery, performance and the date by which the seller undertakes to deliver the product or service.
Here it will depend on the type of contract, the most typical are:
– Contract of sale: Any contract under which the entrepreneur transfers or undertakes to transfer to a consumer the ownership of certain goods and the consumer pays or undertakes to pay the price thereof, including any contract the subject matter of which consists of both goods and services.
– Service contract: Any contract, other than a contract of sale, whereby the entrepreneur provides or undertakes to provide a service to the consumer and user and the consumer and user pays or undertakes to pay the price of the service.
Depending on the type of contract, you will need to specify these conditions. According to the Commission’s Guidance, if the seller indicates a time period such as 10 days or two weeks after placing the order, it can be assumed that the information is correct.
7 The language or languages in which the contract may be concluded, where this is not the language in which the pre-contractual information was given.
We must inform about the language or languages in which the contract may be concluded, when this is not the language in which the pre-contractual information has been provided.
The language in which the information must be provided must be the language used in the procurement proposal or in the language chosen for the procurement and, at least, in Spanish if you live in Spain. It will also be necessary to take into account the different linguistic requirements of the Autonomous Communities where there are co-official languages.
8 The existence, where applicable, of technical assistance and after-sales services, commercial guarantees.
This point is of interest so that the customer can receive information about the customer service in the event of an incident with his order and the corresponding guarantees.
To ensure that the consumer can have a record of the complaints or claims he/she makes, an identification code and a written proof, on paper or on any other durable medium, must be provided.
If the customer service is provided by telephone or Internet, direct personal attention must be guaranteed, over and above the possibility of using other technical means in addition. Customer services should be clearly identified in relation to the vendor’s other activities.
And remember: The use of this service for the use and dissemination of commercial communication activities of any kind is prohibited.
If a telephone number is made available to the consumer in connection with a concluded contract, the use of such a line may not cost more than the basic tariff, without prejudice to the right of telecommunications operators to charge for such calls. The basic tariff means the ordinary cost of the call in question, provided that it does not incorporate an additional amount for the benefit of the seller.
9 The duration of the contract
In the case of service contracts, if the contract is for an indefinite period, is automatically extended or is a periodic subscription, we must inform the conditions
where it can be terminated. In addition, the existence of permanence commitments, as well as penalties in the event of early termination, should be expressly indicated.
The minimum duration of the consumer’s obligations under the contract, where applicable. The existence and terms of deposits or other financial guarantees to be provided by the consumer.
10 The functionality of the digital content, including applicable technical protection measures
The functionality of digital content refers, for example, to the different ways in which content can be used or the technical limitations set in relation to copyright protection or regional coding.
The possibility of having recourse to an out-of-court complaint mechanism to which the seller is a member and how to access it.
Here you should report whether you offer solutions through mediation or arbitration bodies to which you submit complaints.
In the case of Spain it is: https://ec.europa.eu/spain/home_es
Our website address is: https://watchesmarbella.es.