What are the contents of an e-commerce transaction?

E-commerce, though a novel idea in these parts, has come to stay in Nigeria. A lot of Nigerian businesses have gradually begun to establish an online presence in order to increase sales and ensure a more efficient delivery of service. Companies like Facebook make monthly income of millions of dollars. Konga and Jumia, some of the largest online retailers in Nigeria are recording massive sales. It seems to have become an indispensable tool that businesses cannot do without. More businesses are launching online stores while consumers are also increasingly gravitating towards buying goods and services online. Personally, it is sometimes easier and more convenient for me to buy clothes from an online seller or supplier rather than the hassle of going to the market or shops. But despite the convenience and relative cheapness of online trading or shopping, consumers and buyers sometimes do not know their rights as shoppers. Different issues arise when a consumer buys a product and due to one issue or the other tries to return it. Would a customer have a right to cancellation or withdrawal in that instance? Would it apply to all products? What kind of information does the consumer need to know before a purchase?

First, we need to clarify the meaning of an e-commerce transaction? Does it involve the lady who sells pieces of hair extensions to individual customers over a distance without formal terms and conditions on a website either through e-mail or the phone? Or is it restricted to transactions conducted over the internet? Before we set the ball rolling, it is important to know that Nigeria does not have any law regulating e-commerce or business done online. So we would try to show what goes on in other civilized countries which have these laws so we can learn from it. Also, some major e-commerce companies tailor their terms and conditions to fit these laws.

In the EU, e-commerce involves both distance selling contracts and electronic contracts. Distance selling contracts are defined as “any sales or service contract where the trader, for the conclusion of the contract, makes exclusive use of one or more means of distance communication”. This includes mail order, internet, telephone or fax.

Electronic contract is defined as “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”. 

This means that e-commerce would cover your transaction with your favourite shoe or hair extension seller who lives in Abuja and who sends those items to you via bus courier after you have identified what you wanted on BBM or whatsapp or phone calls. It also would cover your favourite online website. Nigeria is yet to have a comprehensive law guaranteeing consumer rights or consumer protection even offline. Online protection is therefore still a tall order and aspiration. However, individuals can have recourse to the EU law to understand what kind of protection they may be entitled to.

 

Some contractual information you need to know-

For electronic contracts i.e online transactions via the internet or electronic platform, there should be a minimum set of information which is clear and unambiguous, supplied to the customer before the order is placed. This includes- 

*The different technical steps to follow to conclude the contract or transaction;

*How the customer can identify and correct errors made before the order is placed. Generally, websites should provide a summary page where the details are shown to the consumer and where the consumer is asked to confirm this is correct before proceeding. If this is not provided and a mistake is made on the order, you have the right to rescind the contract.

*The languages offered for the conclusion of the contract

*You must be able to download or store and reproduce the contract terms and conditions on the online website

*Acknowledgement without delay through electronic means, that the order placed by the customer has been received. This means that as a customer if you place an order on a website, you have the right to receive an acknowledgment about your order from the supplier via the internet usually through e-mail.

*Right to return goods unconditionally within 14 days of delivery as provided by EU consumer laws – This is very important because for most online transactions, it is impossible to properly examine the goods or services before purchase. This is designed to protect the consumer and also to engender consumers trust in online businesses. Note that it doesn’t apply to digital products like music, downloads and software

Note that certain contracts or businesses cannot be done online such as those having to do with land transactions except for rent, contracts that involve judicial approval, contracts involving wills or family law contracts involving suretyship