Commercial information in the e-shop - how to give it to the customer?


The obligation to provide customers with the necessary information rests with both retailers and retailers who transact online. In both cases, however, they are about a slightly different type of data and a different way of transferring it. How should commercial information be made available in the e-shop?

Commercial information in the e-shop to be provided to the customer

The enumerative list of data that the entrepreneur should provide to the consumer is included in the Act on consumer rights. This legal act also regulates the time when it should take place - the buyer should receive commercial information at the latest when the consumer expresses his will to be bound by the contract, i.e. when he unequivocally and clearly declares his willingness to purchase a specific product. Importantly, the messages should be presented clearly and understandable - so that the client has no problems with understanding them.

What kind of commercial information should the client receive?

Commercial information about the features of the service and seller data

The consumer has the right to know the main features of the transaction that has just been concluded. This means that you should indicate, first of all, the subject of the service and the method of communicating with the buyer, contact details - telephone number or e-mail address - as well as basic information about the company, i.e. its full name, tax identification number or registration number in the National Court Register, and also the address of the registered office.

Information about the address to which a complaint can be submitted and the method of its submission

Sometimes complaints about products are accepted in a place other than the one that is the headquarters of the entrepreneur. In this case, the seller is obliged to provide it to the buyer. It is worth knowing, however, that currently in the case of transactions between an entrepreneur and a consumer, the provisions on warranty apply, which can be found in the Civil Code, while a complaint is a common term. The customer should also know how and when they can file a complaint, how it will be considered, and what the consequences of a positive or negative consideration will be.

Total price of purchased goods

Extremely important information is also the total price of the products selected by the customer or the remuneration for the service together with the sum of taxes or excise duty. The price may be given individually or for a specific quantity - in this case the seller should indicate how it will be calculated. Separately, transport fees should be distinguished (depending on the manner in which the goods will be delivered), and if they cannot be determined in advance, provide information that their payment is mandatory. On the other hand, if the subject of the contract is a cyclical service (e.g. subscription), the entrepreneur should provide the total price of the payment for the period for which the contract was concluded. Information about the price of a good or service should be provided in the form of a summary, even if the buyer could see all the fees on a regular basis. This is important because if the customer does not receive information about all necessary costs, he is exempt from paying those he did not know about.

Information on the cost of contacting the seller

Information about the real costs of contacting the seller should be provided to the buyer if they exceed the usual prices for calls (for example in the case of a hotline).

Commercial information on the date and method of payment

In addition to the fact that all possible payment methods for a specific online store should be precisely described in the regulations of the online store, the seller should indicate them to the buyer and circle the date on which he should pay.

Information on the form of delivery

The consumer should also know how the seller intends to fulfill the performance. If the subject of the transaction is a product, the information will concern the form of shipment - usually the customer can choose from among the options presented by the seller.

It should include such issues as the deadline for the service and the actions that the recipient should take to ensure that the service is properly performed, as well as an indication of whether the service will be provided once, continuously or periodically. Importantly, the seller may be responsible for the quality of the delivery, especially if there is a risk of its loss or accidental damage. This principle, resulting from Art. 548 of the Civil Code, you cannot exclude the provisions of the regulations, but there is an exception - the seller is not responsible for the shipment if the consumer chooses the carrier.

Commercial information on the right to withdraw from the contract

The legislator introduced the right to withdraw from a distance or off-premises contract to the Polish legal system as a measure of consumer protection, while the entrepreneur is obliged to inform him about the details, i.e. about the 14-day withdrawal period. This is important because if the seller does not provide the customer with this information, the period in which he can effectively withdraw from the contract is extended to 12 months, moreover - the buyer is not responsible for reducing the value of the subject of the transaction. The consumer should also receive commercial information on how to withdraw from the contract, as well as send a template of the form that the customer may use for this purpose (the finished document is attached as Annex 2 to the Act on consumer rights). It is also important to notify the buyer of the costs of returning the goods as part of the withdrawal - otherwise it is the entrepreneur, not the consumer, who is obliged to bear them. The seller may also inform the customer when he is not entitled to withdraw from the contract - such a case is listed in art. 38 of the Act on consumer rights.

Commercial information on the costs of services provided until the withdrawal from the contract

In this context, it is possible that the consumer withdraws from the contract and the service is only partially fulfilled. Both in the regulations of the online store and in the form of commercial information, the seller may stipulate that in such a situation, the costs incurred by the entrepreneur in connection with the performance of the contract are borne by the consumer. Providing this type of information and obtaining the consumer's consent for the provision of services before the expiry of 14 days, recorded on the carrier, is the basis for the pursuit of such charges. Art. 12 point 11 of the Act on consumer rights indicates that the entrepreneur provides the buyer with commercial information about the obligation to pay in connection with Art. 35 of the same legal act. It says that the customer should bear the cost of the performance to the extent that was met up to the time when he withdrew from the contract. This amount is calculated proportionally on the basis of the price in force at the time of concluding the contract or the agreed remuneration. As a rule, the seller should therefore obtain the customer's consent to start the service before the deadline for withdrawal from the contract, and notify him that if he withdraws from the contract, he is obliged to bear the costs of the service provided until the withdrawal.

How should commercial information be provided?

The most important issue when it comes to providing commercial information is to formulate it in an appropriate way, i.e. clearly and understandable. They can be placed on the store's website, in its regulations, but the entrepreneur should make sure that at the time of the final conclusion of the contract, the consumer knows the content of the most important commercial information.