Keywords
standard contract terms, durable medium, website, click wrapping, hyperlink, consumer, information requirements
Abstract
Almost all online consumer contracts are concluded using standard contract terms and model adhesion contracts. Conclusion of contracts using standard contract terms requires, however, respect for existing regulations aimed at protecting the weaker participants of electronic commerce, that is, consumers. The aim of this study is to present the problem of using a standardized template in consumer e-commerce in the context of the existing legal obligation place on the trader to provide the consumer with proper information. If required information was not provided before concluding a contract, the trader is obliged to confirm its content on a durable medium. This issue will be discussed from the perspective of EU law and the case law of the Court of Justice. The analysis will include, in particular, a detailed examination of the admissibility of the click-wrapping technique as well as a website acting as a durable medium within the scope of EU consumer law.
Recommended Citation
Kubiak-Cyrul, A. (2017). Standard contract terms in consumer contracts concluded online from the perspective of EU Law and the case law of CJEU. internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation), 6(3), 8-18. https://doi.org/10.7172/2299-5749.IKAR.3.6.1
First Page
8
Last Page
18
Page Count
10
DOI
10.7172/2299-5749.IKAR.3.6.1
Publisher
University of Warsaw
