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Contract Law

Contract Law. How are consumers protected when they buy online?. Rocio Cruz Anton Spain Cameron Burgess South-Africa Lena Chatchatrian Belgium Helena Desancic Serbia. Belgium. Article 45-48 of the law of April 6, 2010 concerning market practices and consumer protection.

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Contract Law

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  1. Contract Law How are consumers protected when they buy online? Rocio Cruz Anton Spain Cameron Burgess South-Africa Lena Chatchatrian Belgium Helena Desancic Serbia

  2. Belgium • Article 45-48 of the law of April 6, 2010 concerning market practices and consumer protection. • Mandatory information • Identity & address ; • Price & main characteristics ; • Etc. • Confirmation letter • Right of withdrawal • 30 days to send purchased item

  3. Serbia • Personal information of customers are strictly secret. • You are responsible for your own account on e-buying website. • Strict returning policy that must be followed • Any purchased good is delivered only by post. • Every citizen that engages in purchasing online is a subject to the law of the Republic of Serbia

  4. South-Africa • In South Africa, On-Line transactions are regulated by the electronic and transactions act (2002) as well as the Consumer Protection act (2008) • ECT section 46: With regards to Performance. • The supplier must execute the order within 30 days after the day on which the supplier received the order, unless the parties have agreed otherwise. • Where a supplier has failed to execute the order within 30 days or within the agreed period, the consumer may cancel the agreement with seven days written notice. • CPA section 47: With regards to Over-Selling and Over-Booking. • If a supplier makes a commitment or accepts a reservation so supply goods or services on a specified date or at a specified time and, on the date and at the time the commitment or reservation fails because of insufficient stock or capacity to supply those goods or services, or similar or comparable goods or services of the same or better quality, class or nature, the supplier must: • Provide a refund to the consumer of the amount, if any paid in respect to that commitment or reservation, together with interest at the prescribed rate from the date on which the amount was paid until the date of the reimbursement. • In addition to this, the suppler must compensate the consumer for costs directly incidental to the suppliers breach of the contract except in cases where: • the shortage of stock or capacity is due to circumstances beyond the suppliers control, subject to assertion and as well as this, the supplier took reasonable steps to inform the consumer of the shortage of stock or capacity as soon as it was practicable to do so in the circumstances.

  5. Spain • 11.2% of the Spanish population buys online • Some mechanisms of protection that consumers have: • “Pre-contractual phase” • “Improvement of contract” • “Post-contractual phase” • Occasions where clients can say that the good does not correspond to the contract: • When it is not the same as what was offered • When it does not have the characteristics written in the contract • When it does not do the function it should be doing

  6. Conclusion • Many similarities • Differences • Each country has good laws about consumer protection • Mixture of laws of the four countries is the best option

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