LAW OF OBLIGATION ACT, DEVISION 5

Division 5

Contracts Entered into through Computer Network

[RT I 2004, 13, 86 – entry into force 15.04.2004]

  • 621. Entry into contract through computer network

[RT I, 31.12.2013, 1 – entry into force 13.06.2014]

(1) The trader who enters into a contract through a computer network shall make available to the other contracting party suitable and efficient technical means which are accessible by the other party and by which the other party is able to identify and correct typing errors before transmitting the order.

[RT I, 31.12.2013, 1 – entry into force 13.06.2014]

(2) Before transmission of an order specified in subsection (1) of this section, the trader shall notify the other contracting party of:

1) the technical stages involved in entering into the contract;

2) whether the trader will preserve the text of the contract after entry into the contract and whether the text will remain available to the other contracting party;

3) the technical means for identifying and correcting typing errors;

4) the languages in which the contract may be entered into;

5) the rules observed by the trader, and the electronic means for examining the rules.

[RT I, 31.12.2013, 1 – entry into force 13.06.2014]

(3) The trader shall immediately confirm in electronic form the receipt of an order.

[RT I, 31.12.2013, 1 – entry into force 13.06.2014]

(4) [Repealed – RT I, 31.12.2013, 1 – entry into force 13.06.2014]

(5) The terms of the contract, including the standard terms, shall be presented to the other contracting party in a manner which enables them to be saved and reproduced.

[RT I, 31.12.2013, 1 – entry into force 13.06.2014]

(6) The provisions of subsections (1) to (3) of this section do not apply if the contract is entered into by electronic mail or any other similar personal means of distance communication.

(7) [Repealed – RT I, 31.12.2013, 1 – entry into force 13.06.2014]

(8) The provisions of this section do not preclude or restrict any obligations of a trader to provide the other contracting party with any other information prescribed by law.

[RT I, 31.12.2013, 1 – entry into force 13.06.2014]

  • 622. Additional requirements for entry into contract with consumer

(1) At the latest at the beginning of the ordering process, the trader shall provide the following information in a clear and legible manner:

1) delivery restrictions, if any;

2) acceptable means of payment.

(2) If a contract entered into through a computer network prescribes an obligation to pay, the trader shall make the consumer aware of the information provided for in clauses 54 (1) 4), 6), 10) and 11) of this Act in a clear and prominent manner in addition to the provisions of subsection 621 (2) of this Act immediately before the transmission of the order. In the case of failure to comply with the notification requirement, the consumer shall not be bound by the contract or order.

(3) The trader shall ensure that the consumer, when placing his order, explicitly acknowledges that the order implies an obligation to pay. If placing an order entails activating a button or a similar function, the button or similar function shall be labelled in an easily legible manner only with the words ‘order with obligation to pay’ or a corresponding unambiguous formulation indicating that placing the order entails an obligation to pay. If the trader has not complied with the requirements provided for in this subsection, the consumer shall not be bound by the contract or order.

(4) The provisions of this section shall not apply to contracts entered into through a computer network, the object of which is the provision of a financial service.

[RT I, 31.12.2013, 1 – entry into force 13.06.2014]

  • 623. Mandatory nature of provisions

Agreements which derogate from the provisions of this Division to the detriment of the consumer are void.

[RT I, 31.12.2013, 1 – entry into force 13.06.2014]

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