E-commerce is a form of trading where a trader offers goods or services in an electronic environment and contracts between a provider and a customer are also concluded by electronic means without being physically present at the same place at the same time (the contract is concluded remotely).
The consumer must be informed of pre-contractual information prior to the conclusion of the contract (i.e. the purchase or confirmation of the order). Pre-contractual information is essential in order to provide the consumer with all the information necessary to make a purchase decision.
Mandatory pre-contractual information
- truthful information about the company (business name, registration number, address, telephone, email address, VAT number (if available)
- exact description of the product or service
- for digital content, method of use, technical measures of protection applicable and compatibility with hardware and software
- total price of the goods including taxes and additional costs
- fee for the use of the means of communication used for concluding the contract (e.g. service provided by special rate telephone)
- the terms of the guarantee if the consumer is required to pay a sum of money as a deposit (guarantee under Section 54(1)(8) of the Law of Obligations Act if the trader provides the consumer with a valuable item (such as a car))
- procedure and schedule for payment, delivery and performance
- minimum duration of the consumer’s obligations under the contract
- in the case of a long-term contract, the term of the contract; in the case of a contract of indefinite duration or an automatically renewable contract, the terms and conditions regarding termination
- where there is a right of withdrawal, the term and conditions for exercising this right
- the fact that the consumer bears the cost of returning the item upon withdrawal
- absence of a right of withdrawal or circumstances in which the right of withdrawal has been lost
- existence of an additional warranty and the conditions for granting it
- the code of conduct followed by the company when the operator uses it in its activities
- procedure for handling complaints
- the possibility and conditions for contacting the Consumer Disputes Commission
- clear description of how the consumer can make a purchase
- if submitting an order requires clicking on a button, the button must state that clicking on it gives rise to an obligation to pay
- information that an email confirming the receipt of the order will be sent to the consumer
- a link on the website to an online dispute resolution platform
The seller must have the information relating to the provision of pre-contractual information. To this end, consumers may be asked to tick the conditions of sale before they confirm their order. This should also include a link to the conditions of sale.
Entering into a contract
After the conclusion of the contract, the seller is obliged to send the consumer a confirmation of the contract on a durable medium (email, paper, text message, etc.). This should not happen later than when the product has been delivered to the consumer or the provision of the service begins.
If you have not provided the consumer with pre-contractual information on a durable medium, include this in the confirmation.
Performance of the contract
Unless otherwise agreed in the contract, the order must be completed within 30 days at the latest.
In situations where the selling price of the product in the online shop does not correspond to the actual value of the product, the seller may cancel the order. However, in the event of cancellation of a contract concluded at an erroneous price, the trader must be able to prove that there was an error.
Withdrawal
If consumers withdraw from the contract, they must be reimbursed no later than 14 days after receipt of the notice of withdrawal. You have the option of delaying the refund until the consumer has returned the item to you, or has provided proof that they have returned the item. If you want the consumer to bear the cost of returning the goods, you must inform the consumer of this before concluding the contract.
Consumer liability in the event of a loss of value of the goods
Using the item does not deprive the consumer of the 14-day right of withdrawal, but you can claim compensation from the consumer to the extent of the reduction in value of the item through use. Evidence of excessive use of the goods must be provided by the seller.
What happens if you fail to inform the consumer about the 14-day right of withdrawal:
- the consumer has the right to use the item for one year and then return it to you
- the consumer is entitled to reimbursement of the price paid for the goods and the costs of delivery
- the consumer is no longer liable for the loss of value of the goods
The 14-day right of withdrawal does not apply to:
- services for which the provision has begun with the consumer's consent;
- goods or services for which the price depends on financial market fluctuations;
- custom-made goods;
- perishable goods;
- unsealed goods that are not suitable for return due to health protection or hygiene reasons (excluding mattresses);
- products that are combined with another product after delivery in such a way that they can no longer be separated;
- alcoholic beverages delivered more than 30 days after the conclusion of the contract and the actual value of which depends on fluctuations in the market price;
- urgent repairs or maintenance;
- periodicals (except for long-term contracts);
- audio and video recordings or computer software if their containers have been opened by the consumer;
- digital content that is not delivered on a tangible medium (e.g. downloadable files from the internet);
- recreation services;
- auctions;
- short-term insurance contracts.
Right of complaint
In the event of a complaint being lodged during the first 6 months, the seller must always bear the cost of repairs or replacement. For the following year and a half, the seller must bear the corresponding costs only if the complaint was justified. The consumer’s complaint must be answered within 15 days.
User instructions
Technically complex goods containing dangerous substances or requiring specific skills to use them must be accompanied by instructions in Estonian.
Geo-blocking regulation
Geo-blocking refers to a practice in e-commerce of restricting access to the electronic purchasing environment for customers from another country on the basis of citizenship, place of residence or place of establishment. This means that the consumer’s access to the online shop’s website must not depend on the consumer’s place of residence. An e-commerce operator cannot refuse to accept a debit or credit card solely because the card was issued in another Member State of the European Union. The prices and conditions of an online shop should not depend on the citizenship of the consumer.