Offers made by electronic means, concerning the supply of goods or the provision of services, must be accompanied by the contractual conditions applicable to them in a way that allows them to be stored and reproduced. Without prejudice to the conditions of validity mentioned in the said offers, they are binding on their authors for as long as they remain accessible online on their own initiative.
The tenders referred to in the above paragraph must clearly state:
– The various steps to be followed to conclude the contract by electronic means;
– The technical means enabling the user, prior to the conclusion of the contract, to identify and correct any errors in data entry;
– The language(s) offered for the conclusion of the contract;
– If the contract is to be archived, the method of archiving by the offeror and the conditions of access to the archived contract;
– The means of electronically consulting the professional and commercial rules to which the offeror intends, where applicable, to adhere.
Contractual clauses and general terms and conditions must be provided to the recipient in such a way as to enable him to retain and reproduce them.
The first 2 Paragraphs do not apply to contracts concluded exclusively by means of an exchange of electronic mail or equivalent individual communications.
In addition, the provisions of the aforementioned paragraphs may be waived in agreements concluded between professionals.