If you sell products, services or book online, you must include the “Contract Conditions” in your web space so that it is easily accessible, normally in the upper or lower bar of the web or through a tab with the title: “Conditions of Recruitment”
Below are the following points to take into account for a correct adaptation to the regulations that develop and complement the conclusion of distance contracts between a company and a user:
The information of the contracting conditions:
- It must be accessible to users prior to the purchase process and free of charge.
- It must be provided in the language or languages in which the contract may be formalized, when it is not the one in which the information prior to contracting has been offered.
The contracting conditions must be accepted during the purchase process by the user, and said acceptance can be collected through an “acceptance check-box”, incorporated before the end of the process.
If the formalization of said contracting conditions implies the payment obligation for the user:
- The person responsible for the web space must clearly identify the payment action, being able to establish a button or similar as a visual means, such as, for example, through the term “PAY”, “order with payment obligation”, among others, so that the user is fully aware of the payment action.
- The user may not bear additional charges for using specific means of payment, provided that these do not exceed the costs borne by his entity for the use of these means.
- If there is an additional cost of the product or service, it is a consequence of an optional supplement(s) (not preconfigured), which implies an increase in the agreed price, the user must be communicated in a clear, understandable way and its acceptance must be given. Prior express consent. If said action is carried out in a pre-configured manner or without the corresponding express consent, the user will have the right to reimbursement of the amounts paid.
In the event that a user formalizes a claim:
- The user must have a receipt and an identification key in writing, on paper or on any other durable medium, for example: an email or an SMS.
- If the user makes a claim or any query through a customer service telephone number, said telephone number may not incur a cost higher than the basic rate, so the use of 902 lines will not proceed.
- The response to the claim must be made within a maximum period of one month from its presentation.
The right of withdrawal:
- It is a legal requirement and this must be informed in the contracting conditions.
- If this right is not reported, the term for the user to exercise their right of withdrawal will be 12 months from the formalization of the contract.
Confirmation of the conclusion of the contract and invoice:
- Once the purchase process is finished, it is necessary to send the user a confirmation electronically.
- The user will have the right to receive the corresponding invoice in paper format completely free of charge.
- If the option to obtain the electronic invoice is given on the web space, it must be provided to the user, with the express consent of the same, as well as being informed about the way to exercise their right to revoke the consent given to receive this type of invoice.
The delivery of the products:
- The term to deliver the products purchased or the contracted services must materialize within a maximum period of 30 calendar days from the formalization of the contract, unless the parties have agreed otherwise.
- If the delivery term legally stipulated or agreed between the parties is not met, the user may summon him to comply with an additional term.
- In the event that said additional term is not met, the user will acquire the right to terminate the contract.