12. ONE MAY NOT SIGN A CONTRAT!
FOR A THIRD PARTY
• PROXY!
• POST RATIFICATION!
• POWER OF ATTORNEY
14
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13. A BADLY WRITTEN CONTRACT IS A
POSSIBILITY OF CONFLICTS
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14. THE ONE WHO HAS THE PEN !
WRITES THE LAW
16
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15. THE MORE IMPORTANT READER !
IS THE JUDGE!
17
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16. ITERPRETATION ONLY EXISTS!
IF THE CONTRACT IS UNCLEAR
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17. THE LAW MAY ADD OR SUPPRESS SOME
ARTICLES OF A CONTRACT !
19
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18. LEGAL ADVISER OR LAWYER
• LEGAL ADVICE!
• CONTRACT!
• COURT CASE
22
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25. The consumer has the right to contractual
terms written in plain and understandable
language and this applies as well online.
!
Where there is doubt about the meaning of a
term, the interpretation most favourable to the
consumer shall prevail
26. Any consumer in the EU, also in the
digital environment, is protected
from unfair standard contract terms
by traders that create an
unreasonable imbalance to the
detriment of the consumer.
!
If a contract contains such terms, the
consumer is not bound by them,
although the contract itself usually
remains valid.
27. • BE PRECISE
• CONSUMER ? VAT?
• COUNTRY OF THE
MERCHANT
• INFORMATION
REQUESTED BY
CONSUMER
PROTECTION
WHO ARE THE PARTIES ?
28. Every online consumer concluding a contract in the EU has the
right to have easy, direct and permanent access to at least!
!
the name and geographic address of the provider, !
the electronic mail address or website, !
the trade register in which the provider is entered and his
registration number,!
the professional title and professional body with which the
provider is registered, !
theVAT details where applicable !
any other detail allowing rapid and effective contact with the
provider!
access to codes of conduct to which the provider subscribes !
to contract terms and general conditions in a way that allows
him to store and reproduce (print) them.
29. WHO IS THE MERCHANT ?
• WELL KNOWN?!
• LOCALIZED IN AN
UNUSUAL
COUNTRY!
• E-REPUTATION ?
http://gamersblogfr.files.wordpress.com/2012/06/a
30. 59
• IMPORTANT FOR
INTERPRETATION
• IMPORTANT FOR
THE
UNDERSTANDING
WHEREAS
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storage/images/contenus/articles/2013/02/01/la-
sensation-beckham-au-psg/24704292-1-fre-FR/
31. ENTRY IN FORCE
➢ COOLING OFF PERIOD
OF 14 DAYS!
➢ PRODUCT OR SERVICE
UNAVAILABLE!
➢ SUSPENSION CLAUSE!
http://www.linternaute.com/argent/immobilier/maitriser-ses-charges-de-copropriete/image/date-anniversaire-contrat-est-moment-remettre-compagnies-concurence-obtenir-994183.jpg
32. TYPE OF CONTRACTS
• T & C => NO NEGOCIATION!
• AGAINST MONEY - FREE -
FREEMIUM!
• ONE SHOT - MONTHLY!
• GOODS OR SERVICES!
• DIGITAL GOODS!
60
http://www.barreau-annecy.com/images/stories/contrats.jpg
33. 61
• FIXED PRICE
• MUST BE CLEAR
• ONE PAYMENT OR SUCCESSIVE
• ON DELIVERY - BEFOREHAND
• LATE PAYMENT INTERESTS
• DELIVERY INCLUDED?
33
PRICE
35. Every consumer in the EU has the
right to receive clear, correct and
comprehensible key information
from a trader about the product or
service before making an online
purchase.!
36. 37
This information must include the main characteristics of
the product,
!
price inclusive of taxes,
delivery costs,
the arrangements for payment, delivery or performance
identity and geographical address of the trader,
the existence of a right of withdrawal or cancellation (fo
products which involve such right),
the period for which the offer or the price remains valid
if applicable, the minimum duration of the contract.
37. 38
Unless contracts are concluded exclusively by exchange
of electronic mail or by equivalent individual
communications, this information must also contain the
different technical steps to follow to conclude the
contract; whether or not the contract will be filed and
accessible; the technical means for identifying and
correcting input errors, and the languages offered for
the conclusion of the contract
!
When the consumer places his order online, he has the
right to receive an acknowledgment of the receipt of
the order without undue delay and by electronic means
38. Drugs, forbidden products (in certain
countries ), medical products, etc.
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39. 68
• FIXED TERM OR
NOT
• IF NOT HOW TO
STOP IT
• WHAT IS THE
BEST WAY?
40
LENGHT
40. 69
• DELIVERY OF SERVICE
• CONFLICT OF LAWS
• CONTRACT APPLICABLE LAW
41
COUNTRY
41. 70
• IMPORTANT IF APPLICABLE
• Copyright vs. Droit d’auteur
• TRANSFER OF RIGHTS
• WHAT IS AUTHORIZED?
Source: http://digitallife.vanderbilt.edu/copyright2.jpg
42
INTELLECTUAL PROPERTY
42. 71
• WHEN ?
• ON DELIVERY?
• WHO IS RESPONSIBLE
• EVIDENCE OF DELIVERY
•
43
TRANFER OF
OWNERSHIP
55. • LIMITS RESPONSIBILITY!
• LEGAL WARRANTY B2C!
• AGAINST THIRD PARTY
CLAIMS IN IPR!
• AMOUNT MAY BE LIMITED
WARRANTY
56. • ACCEPTABLE
• UNLESS IF NOT
LEGALLY ACCEPTED
• MAY NOT BE EXCESSIVE
LIMITATION !
OF !
RESPONSIBILITY
57. BODY SHOPPING
✓ MISSION!
✓ WHO IS THE BOSS?!
✓ LOCAL RULES!
✓ MATERIAL !
✓ CONFIDENTIALITY!
✓ SECURITY
92
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58. CHANGE IN THE T&C!
!
THEY MUST BE
ACCEPTED BY THE
OTHER PARTY