What is contract conclusion in remote transactions?

Reply:

Article 38 of the Law on Protection of Consumer Rights 2023 on concluding contracts in remote transactions is stipulated as follows:

1. When transacting remotely with consumers, business organizations and individuals are responsible for developing the following tools and implementing security measures:

a) Provide accurate and complete contract content for consumers to study before entering into a contract;

b) Consumers exchange and clarify the contract content and confirm their agreement to enter into the contract;

c) Consumers review and download the contract that has been confirmed and signed by the consumer.

2. Contract content includes: information specified in Clause 1, Article 37 of this Law; name, address, phone number, other contact method (if any) of the consumer; rights and obligations of the parties.

In case there are many parties participating in the contract, the contract content must clearly identify the subject, rights and obligations of each subject.

3. In case a business organization or individual provides inaccurate or incomplete information specified in Clause 1, Article 37 of this Law, consumers have the following rights:

a) Agreement to choose how to handle contracts with business organizations and individuals;

b) Within 30 days from the date of signing the contract, unilaterally terminate the implementation of the signed contract and notify the business organization or individual. Consumers do not have to pay any costs in any form to terminate the contract, except for costs for used products, goods and services;

c) Request the competent authority to declare the contract invalid or cancel the contract according to the provisions of civil law.

4. In case the consumer unilaterally terminates the contract according to the provisions of Point b, Clause 3 of this Article, the business organization or individual must refund the consumer the amount paid corresponding to the product portion. Unused products, goods and services within 30 days from the date the consumer declares unilateral termination of the contract. Past this time limit, business organizations and individuals must pay interest on the late payment amount at the interest rate agreed upon by the two parties or according to the provisions of civil law. Refunds are made according to the method by which the consumer paid, unless the consumer agrees to pay by another method.

In case the termination of contract performance causes damage to consumers, business organizations and individuals must compensate for the damage according to the provisions of civil law.