E-Commerce E-Commerce refers to the marketing, sale and after-sale support of goods and services via electronic means, in particular, the internet. Many businesses use E-Commerce for direct selling of goods or services online. In some cases, such as with software or music, the actual sale and delivery can take place online. Generally, however, goods will require physical delivery The internet […]
E-Commerce E-Commerce is business conducted over the internet. For the most part, the general legal rules apply to E-Commerce. The law of contract, the Sale of Goods Act and the consumer protection rules apply in the same broad way, as they apply to conventional transactions. In the early part of the century, a number of pieces of legislation were passed […]
Internet Contracts Contracts made over the internet are legally binding in the same way as contracts made in writing or face to face. The normal laws of contract apply to the making of the “on-line” contract, subject to certain additional requirements on the part of the supplier. There must be an offer, acceptance and “consideration”. An offer is where one […]
Signatures In Ireland, as in many other common law jurisdictions, signatures are regarded as authenticating the terms of a document. Certain type of contracts must either be signed or must be proved by a document, which in some cases, must be signed in order to be valid. The E-Commerce legislation allows for an electronic signature. This is data attached to […]
EU Consumer Rights Directive 2011 The Consumer Rights Directive 2011 modifies and supplements the law set out in the earlier Distance Selling and Doorstep Contracts Regulations. It is implemented in Ireland by regulations made in 2013. There are five principal categories of transaction to which the regulations are applicable; contracts for the sale of goods; contracts for the supply of […]
Information Requirements Under the Companies Act, companies must identify their company registration number, place of business, registered office and address on all of their websites. Businesses which undertake distances sales or provide services over the internet must give clear and comprehensive prior information to all customers.These requirements which are in addition to other requirements, apply to information society providers. An […]
Right to Cancel A right of cancellation applies to contracts made off-premises and distance contracts. The period for cancellation under the 2011 Directive and the 2013 Regulations is 14 calendar days. There is provision for model cancellation instructions and a model cancellation form. The information on the right to cancel may be provided by standard cancellation instructions given in the […]
Scope The European Communities (Distance Marketing of Consumer Financial Services) Regulations give effect to Directive 2002/65/EC concerning the distance marketing of consumer financial services. They apply to the marketing and supply of financial services to consumers under organised distance marketing schemes. A consumer, in this context, is an individual who is acting outside his or her trade business or profession […]