The Commercial and Corporate Law Department and the Digital Law Department of Belzuz Abogados S.L.P. – Sucursal em Portugal reflects on the General Terms and Conditions (the “GT&C”) of a website or an online commerce platform (“Online Store”).
The General Terms and Conditions (the “GT&C”) are the document that contains the rules for using a website or an online commerce platform (“Online Store”).
On the one hand, the GT&C must clearly identify the Online Store, the person(s) and/or entity(ies) that own the Online Store and that are responsible for the businesses promoted and/or operated through it (the “Seller”), as well as the rules for using the Online Store.
Amongst the elements that, pursuant to our experience must be included in the GT&C, we highlight the following:
• what is considered a user (any individual or institution that, in general, through the Online Store, visits the content provided on it and/or makes use of its features);
• the reference to the access and use of the Online Store implies an acceptance of the GT&C by the users;
• the need for the user to make a correct use of the Online Store, being accountable for misuse (such as access to restricted areas without credentials or violation of intellectual property rights).
On the other hand, the GT&C must detail and regulate the contractual conditions applicable to the Online Store’s business (sales of products and/or services).
According to our experience, the following issues should be considered:
• the conditions for the acquisition of goods or services;
• payment methods;
• compliance with the applicable legal rules, including the legal framework for consumer protection, the legal framework for contracts entered into at a distance, the legal framework of general contractual clauses and the obligations arising from the legal framework for preventing and combating money laundering and terrorist financing;
• intellectual and industrial property (including the protection of the brands under which the Online Store operates);
• guarantees, obligations and responsibilities of the Seller;
• limitation/exclusion of liability and indemnity;
• communications between the Seller and the user;
• applicable law;
• dispute resolution mechanisms.
The level of detail of the rules will vary depending on the complexity of the products and/or services specifically marketed on the Online Store and should be adjusted for each particular Online Store.
The Commercial and Corporate Law Department and the Digital Law Department of Belzuz Abogados, S.L.P. – Sucursal em Portugal has professionals qualified to provide legal advice in clarifying any issue related to online commerce, in the preparation of General Terms and Conditions, in the design and contractual framework of the commercial matters and in the entire structure of assembling websites or mobile applications.
Departamento Derecho Mercantil y Societario | (Portugal)
Belzuz Abogados SLP
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