Due to the advancement of technology, everyone is constantly changing. The contracts have also undergone many changes in order to keep up with this process. These changes are due to the fact that people are always present online and prefer simplicity and speed in exchange for stacks of papers sent by mail.
Due to the advancement of technology, everyone is constantly changing. The contracts have also undergone many changes in order to keep up with this process. These changes are due to the fact that people are always present online and prefer simplicity and speed in exchange for stacks of papers sent by mail.
The contract, regardless of type, is an agreement signed between two or more parties. Nowadays, signing a contract is no longer just with a pen on paper. An agreement between 2 parties can be concluded by checking a box, by pressing a button, by sending an email, etc.
The Electronic Commerce Law mentions in the first paragraph of art. 9 the following: “(1) If the parties have not agreed so, the contract shall be considered concluded when the acceptance of the offer to contract has reached the tenderer’s knowledge”.
This means that any button or check mark on the internet can be a kind of contract for which you agree.
The offer that precedes the conclusion of any contract is represented by the text of the contract made available by the supplier of products or services, on its website. Often, this text is called the Terms and Conditions or Agreement between the parties, without affecting in any way the nature of the contract itself. Thus, like the adhesion contracts provided by the Civil Code, in case the user wants to have access to certain services or goods, he must “accept the offer to contract” of the supplier.
Therefore, the acceptance from the buyer can take the form of pressing a button such as “I accept the contract” or ticking a box next to which is written “I accept the terms and conditions.” These two methods are not exhaustive, being accepted any way of expressing the agreement that would be equivalent to an unequivocal action on the part of the buyer.
Advantages of the online contract:
- rapidity
- convenience of implementation
- quick user access
- the possibility for suppliers to avoid negotiating contracts
Disadvantages of the online contract:
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- long texts make users accept the offer without reading the contract
- uncertainty regarding the valid expression of consent.
