Consumer protection in electronic contracting and electronic commerce
First, the regulations on electronic contracting and electronic commerce is very wide, either at the national and European level, consequently, we will study only that legislation that is related to consumer protection in electronic trade in a more waygeneral. The Spanish regulations, which deals with electronic consumer commerce, is a complex regulatory complex that includes norms that will regulate contracts such as consumer protection;situation that will make it difficult for us to know what the standard applicable to each specific case will be.
When we make a purchase through a virtual store, we will be making a distance sale.
Distance sale is a typical contract between an entrepreneur and a consumer, regardless of whether he is a natural or legal person, who decide to contract with respect to a good or service.
When it comes to a sale between people who are not physically present, in which the contracting party is obliged to deliver a specific good and the other party is obliged to deliver a previously established price;The generation, perfection and fulfillment of the contract is carried out through the Internet and not in person. The contract of sale with consumers will be used, through the Internet that is collected in article 1445 of the Civil Code (CC) and the contracts between absent in 1262 CC, adapted to electronic commerce.
The Royal Legislative Decree 1/2007, of November 16, the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws (TRLGDCU), includes both the definition of the sale contract and the distance contract and. Article 59 bis refers to the definition of the sales contract as “any contract under which the employer transmits or commits to transmit to a consumer the property of certain goods and the consumer pays or undertakes to pay its price, includingany contract whose object is constituted at the same time by goods and sevices ".
The distance contract, is defined in its articles 92 to 96, copying of the old Law 7/1996 of the Ordering of Retail Trade (LOCM), such as “those held without simultaneous physical presence of the entrepreneur and the consumer and user, and in thethat have been used exclusively one or more distance communication techniques until the moment of concluding the contract and in the conclusion of it ”.
According to article 59 of the TRLGDCU, on the one hand "they are contracts with consumers and users those made between a consumer or a user and an entrepreneur" and on the other hand "will be governed, in everything that is not expressly established in this standard or inspecial laws, for common law applicable to contracts ".
There are rules of other branches of law that affect consumption that can be applicable to this study, such as Law 34/2002 on Services of the Information Society and Electronic Commerce (LSSIYCE). In article 1 of said law, it establishes that “it is the subject of this law to regulate the legal regime of the services of the Information Society and the Electronic Via hiring, in relation to the obligations of the service providersincluding those that act as intermediaries in the transmission of content by telecommunications networks, electronic communications, prior information and after the conclusion of electronic contracts, the conditions related to their validity and efficiency and the sanctioning regime to the providersof services of the Infomacion Society ". Norma, which is of significant importance in this work, since, regulates electronic hiring in many aspects. When an entrepreneur is able to hire via electronic media, it is, therefore;service provider as we will see later.
Finally, it applies to remote sales, and in relation to the aforementioned standard, Law 56/2007, of impulse to the Information Society, which in addition to modifying and completing the aforementioned standard, exposes a series of newObligations of entrepreneurs regarding consumers.
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