Contractual Terms and Conditions with regard to online contracts, its terms and conditions are usually included in a standard form written by the trader according to his interests, and made available to consumers at the time of conclusion of the contract, and the consumer remains or gives consent his or refuse without having the opportunity to negotiate.
The main terms of the contract are the price and characteristics of the goods or services and they are the most non-negotiable terms, but other elements may constitute terms of the same character, for example, limitation or exclusion of liability.
The consumer is always in the weakest position to negotiate, and in order to protect the consumer from the abuse of traders, most countries are provided with an act or regulation dealing with terms that are considered unfair terms in a contract .
Normally, the trader is obliged to provide “data and information” to the client about the conditions before the end of the contract. An online business can communicate the terms of the contract and its terms to the customer by displaying them on a website, but a simple display is not enough to fulfill its obligation to the customer. The solution is for the trader to ensure that the consumer understands the terms of the contract, while the goal is for the trader to inform him, investing sufficient information in it, according to the importance of the terms.
Contracts drawn up on a website are likely to be less solemn rather than a paper contract, in the form of a document. Expressing terms clearly is the best solution for an e-business to impose its rules by making them clear, so there will be no misinterpretation. The same can also be used to violate the implied terms.
The steps for contract formation are recommended to be as follows:
1. Electronic catalogs can be constructed in such a way as to contain an offer, where the customer can accept or not.
2. A click should not be considered as consent to the offer, or its acceptance. A double click should be considered, to be clear that the customer or consumer is sure it was not done by negligence.
3. The summary page collects information about the product, its prices, shipping prices, cancellation and correction options.
4. After being assured of the quality, price, method of payment, the customer makes the second pass, to order what is offered by that website.
5. Within a few seconds, after the process is complete, an automatic response comes from the merchant’s web server, which must accept the receipt immediately. It should be a short message making it clear the receipt of the order made by the customer.