2 Duty to inform
Source: https://www.facebook.com/DutytoInform
General information duty
(dutch: Algemene informatieplicht)
Following data must be mentioned on the website:
- Identity business and geographical address (legal name, legal form (BVBA), address, registered headquarter, phone, email, company number,...)
- Foresee a link to the general conditions (dutch: algemene voorwaarden)
- Main characteristics of the product or service
- Price
- Delivery fee
- Available payment methods, payment delay, product and service delivery process
- Revocation right (or lack of revocation right)
- Return process, including the associated return costs
- Remote communication costs (0900 line, sms,...)
- Validity period offer or price
- Minimum service agreement period
Have a look at a Belgian webshop to check they follow the legislation.
e.g. Colruyt collishop, general conditions
Specific information duty
This "information duty" comes in action when a consumer actually executes a buy transaction, so it is "specific" to that transaction and must be displayed then.
When ?
- Both before an after the purchase ! Before: in the checkout screens before the purchase order. The law states though that you must be able to consult this always, so if you use temporary screens, you will have to post this also e.g. under the "general conditions" tab of your website.
You need to repeat this communication in the order confirmation afterwards (e-mail confirmation) or the very latest as a letter in the parcel box
How ?
- Written, permanent carrier (so be careful it's not just a volatile pop-up on your website)
Content ?
- Identity, Price, Delivery costs, payment method, delivery, execution of the agreement, revocation right, minimal duration agreement, description product/service, customer address, after sales service, warranty, contract termination, delivery conditions, return costs (if the customer needs to pay this, you need to mention it)
- Mention the obligation to pay (Dutch: "Bestelling met betalingsverplichting") just before confirming the order
Sanctions ?
- Reflection period increased, even loose payment right!
- This can for example happen if the before or the after communication was missing or incomplete
Example
Look at this example...
Source: Antoon Schockaert, Unizo presentation, e-Commerce, begin er niet aan!”