E-COMMERCE IN CAMEROON – International Power law Alliance https://www.international-powerlaw-alliance.com Advocates, Professionals & Consultants Sun, 04 Feb 2024 21:18:11 +0000 en-GB hourly 1 https://wordpress.org/?v=6.5.5 https://www.international-powerlaw-alliance.com/wp-content/uploads/2019/10/cropped-favicon-150x150.png E-COMMERCE IN CAMEROON – International Power law Alliance https://www.international-powerlaw-alliance.com 32 32 THE DUTY TO INFORM https://www.international-powerlaw-alliance.com/practice-blogs/the-duty-to-inform/ https://www.international-powerlaw-alliance.com/practice-blogs/the-duty-to-inform/#respond Sun, 04 Feb 2024 21:18:06 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4523 THE DUTY TO INFORM Read More »

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Without prejudice to the other information obligations laid down by the laws and regulations in force, any person providing services in the field of electronic commerce must ensure that the recipients of such services and the authorities have easy, direct and permanent access to the following minimum information:

– In the case of a natural person, its full name and, in the case of a legal entity, its company name, the address at which it is established, its e-mail address and its telephone number;

– If it is subject to registration formalities in the Trade and Personal Property Credit Register, its registration number, its share capital and the address of its registered office;

– If it is subject to value added tax and identified by an individual number in application of Book 1 of the General Tax Code, its taxpayer number;

– If its activity is subject to an authorisation system, the name and address of the authority that issued the authorisation;

– If it is a member of a regulated profession, the reference to the applicable professional rules, its professional title, the name and order of the professional body with which it is registered.

The obligations to provide information and to transmit the contractual conditions referred to in the law shall be fulfilled by electronic means in accordance with procedures specified by regulation.

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ELECTRONIC CERTIFICATE AND SIGNATURE https://www.international-powerlaw-alliance.com/practice-blogs/electronic-certificate-and-signature/ https://www.international-powerlaw-alliance.com/practice-blogs/electronic-certificate-and-signature/#respond Sat, 13 Jan 2024 13:32:46 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4491 ELECTRONIC CERTIFICATE AND SIGNATURE Read More »

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The use by any natural or legal person of the electronic certificate and signature in the context of electronic commerce is authorised under the conditions laid down by a specific text.

Documents of an official nature may be authenticated using by electronic certificates and signatures in public administrations, in accordance with the conditions laid down by specific texts.

Any person using an electronic signature device must:

– Take the minimum precautions laid down by the legislation in force to prevent any illegitimate use of the personal equipment relating to their signature;

– Inform the certification authority of any illegitimate use of their signature;

– Ensure the accuracy of all the data they have declared to the aforementioned authority;

– Ensure the authenticity of all data that it has declared to any person to whom it has asked to rely on its signature.

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STORAGE, RETENTION AND TRANSMISSION OF DATA https://www.international-powerlaw-alliance.com/practice-blogs/storage-retention-and-transmissionof-data/ https://www.international-powerlaw-alliance.com/practice-blogs/storage-retention-and-transmissionof-data/#respond Sat, 13 Jan 2024 13:28:51 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4489 STORAGE, RETENTION AND TRANSMISSION OF DATA Read More »

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Any natural or legal person carrying out an automatic, intermediate and temporary storage activity with the sole aim of making the subsequent transmission of content more effective, may only be held civilly or criminally liable for such content in one of the following cases:

– Modified this content, failed to comply with the conditions of access to it conditions of access and the usual rules concerning their updating, or has hindered the lawful and usual use of the technology used to obtain data;

– It has not acted promptly to remove the content it has stored or to make access to it impossible, as soon as it has actual knowledge either of the fact that the content transmitted has been withdrawn from the network, or that access to the content originally transmitted has been rendered impossible, or that the judicial authorities have ordered the removal from the network of the content originally transmitted from the network.

The electronic document is stored on an electronic medium which allows:

– Consultation of its content throughout its period of validity;

– It can be stored in its final form in such a way as to ensure the integrity of its content, the preservation of information relating to its origin and the date and place of issue or receipt.

The electronic document is deemed to have been retained in the same way as the written document.

The issuer undertakes to keep the electronic document in the form in which it was issued.

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WITHDRAWAL OF CONSUMER https://www.international-powerlaw-alliance.com/practice-blogs/withdrawal-of-consumer/ https://www.international-powerlaw-alliance.com/practice-blogs/withdrawal-of-consumer/#respond Sat, 13 Jan 2024 12:00:28 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4487 WITHDRAWAL OF CONSUMER Read More »

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Subject to the provisions of the law, the consumer may withdraw from the contract within fifteen (15) days: 

– From the day after the consumer receives the goods;

– From the date of conclusion of the contract for services.

Notification of withdrawal shall be made electronically or by any other relevant means.

If the goods have not been altered by the consumer, the seller is obliged to reimburse the sums paid within fifteen (15) days from the date of return of the goods or the cancellation of the service.

The consumer shall bear the cost of returning the goods.

Subject to the consumer being compensated for the loss, the latter may, within a period of fifteen (15) days from the date of delivery, return the product in its original condition if it does not conform to the order or if the seller has not respected the delivery deadlines set for this purpose.

In this case, the seller must reimburse the consumer the sums within fifteen (15) working days from the date of return of the product.

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OBLIGATION OF THE HOLDER OF ELECTRONIC MEANS OF PAYMENT https://www.international-powerlaw-alliance.com/practice-blogs/obligation-of-the-holder-of-electronic-means-of-payment/ https://www.international-powerlaw-alliance.com/practice-blogs/obligation-of-the-holder-of-electronic-means-of-payment/#respond Sat, 13 Jan 2024 11:55:31 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4485 OBLIGATION OF THE HOLDER OF ELECTRONIC MEANS OF PAYMENT Read More »

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Payment transactions may be made to public services in electronic form, under the conditions laid down by the laws and regulations in force.

The holder of the electronic means of payment is required to notify the issuer of the loss or theft of the means of payment or the instruments that enable it to be used, as well as any fraudulent use relating thereto of which he is aware.

The issuer of an electronic means of payment must establish appropriate means for this notification in the contract concluded with its holder.

Notwithstanding cases of fraud, the holder of the electronic means of payment:

– Shall be liable for the consequences of the loss or theft of the means of payment or its fraudulent use by a third party;

– Is released from all liability for use of the electronic means of payment after notification to the issuer.

Use of the electronic means of payment without presentation of the said means of payment and identification by electronic means does not bind its holder.

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OBLIGATIONS OF SERVICE PROVIDER IN CASE OF NON-AVAILABILITY OF PRODUCT OR SERVICE https://www.international-powerlaw-alliance.com/practice-blogs/obligations-of-service-provider-in-case-of-non-availability-of-product-or-service/ https://www.international-powerlaw-alliance.com/practice-blogs/obligations-of-service-provider-in-case-of-non-availability-of-product-or-service/#respond Sat, 13 Jan 2024 11:54:15 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4483 OBLIGATIONS OF SERVICE PROVIDER IN CASE OF NON-AVAILABILITY OF PRODUCT OR SERVICE Read More »

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If the product or service ordered is unavailable, the seller must inform the customer or consumer of this at least 24 hours before the delivery date specified in the purchase or service contract. Where applicable, the seller or the service provider shall refund to the customer or consumer all sums paid for the delivery of the product or the provision of the service.

Except in cases of force majeure, the contract is terminated if the seller fails to fulfil its obligations, and the consumer will be reimbursed for any sums paid, without prejudice to damages.

The seller must prove the existence of the prior information, confirmation of the information listed in the law, compliance with the deadlines and the consumer’s consent. Any agreement to the contrary is null and null and void.

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CIRCUMSTANCES IN WHICH THE CONSUMER MAY NOT WITHDRAW FROM THE CONTRACT https://www.international-powerlaw-alliance.com/practice-blogs/circumstances-in-which-the-consumer-may-not-withdraw-from-the-contract/ https://www.international-powerlaw-alliance.com/practice-blogs/circumstances-in-which-the-consumer-may-not-withdraw-from-the-contract/#respond Sat, 13 Jan 2024 11:52:55 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4481 CIRCUMSTANCES IN WHICH THE CONSUMER MAY NOT WITHDRAW FROM THE CONTRACT Read More »

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Subject to the provisions of the law, and except in cases where the contract of sale or the goods and services resulting therefrom have apparent or hidden defects, the consumer may not withdraw from the contract where he:

– Requests delivery of the service before expiry of the withdrawal period and the seller has provided the service;

– Receives products with personalised characteristics or products that cannot be returned or are likely to deteriorate or are likely to deteriorate or expire due to the expiry of the validity;

– Unseal audio or video recordings or computer software delivered or downloaded;

– Buys newspapers and magazines.

– Where the purchase transaction is wholly or partly covered by credit granted to the consumer by the seller or by a third party on the basis of an agreement concluded between the seller and the third party, withdrawal by the consumer shall entail cancellation of the credit agreement without penalty.

On the basis of an agreement concluded between the seller and the third party, withdrawal by the consumer shall result in cancellation of the credit agreement without penalty.

With the exception of cases of misuse, the seller shall bear the risks to which the product is exposed in the event of a trial sale, until the completion of the trial sale.

Any clause exempting the seller from liability contrary to the provisions above is null and void.

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OBLIGATIONS FOR ELECTRONIC OFFERS https://www.international-powerlaw-alliance.com/practice-blogs/obligations-for-electronic-offers/ https://www.international-powerlaw-alliance.com/practice-blogs/obligations-for-electronic-offers/#respond Thu, 11 Jan 2024 12:29:08 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4479 OBLIGATIONS FOR ELECTRONIC OFFERS Read More »

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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.

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CONDITIONS FOR A VALID ELECTRONIC CONTRACT https://www.international-powerlaw-alliance.com/practice-blogs/conditions-for-a-valid-electronic-contract/ https://www.international-powerlaw-alliance.com/practice-blogs/conditions-for-a-valid-electronic-contract/#respond Thu, 11 Jan 2024 12:28:02 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4477 CONDITIONS FOR A VALID ELECTRONIC CONTRACT Read More »

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A contract can only be considered validly concluded if the recipient of the offer has first had the opportunity to check the details of his order and its total price, and to correct any errors before confirming it to express their acceptance.

The offeror must acknowledge receipt of the order sent to him online order within a period not exceeding five (5) days.

The order, the confirmation of acceptance of the offer and the acknowledgement of receipt are considered received when the parties to whom they are addressed can access them.

The above Paragraphs do not apply to contracts concluded exclusively by means of an exchange of electronic mail or equivalent individual communications. It is also possible to derogate from the provisions of the said paragraphs in agreements between professionals.

Where a written document is required for the validity of a legal act, it may be drawn up and stored in electronic form under the conditions set out in articles 1317 et seq. of the Civil Code, relating to literal proof.

Where a statement in the handwriting of the person obliging himself is required, the latter may affix it in electronic form if the conditions for such affixing are such as to ensure that it can only be done by himself, with the exception of the provisions of the paragraph above:

– Private documents relating to family and inheritance law;

– Private documents relating to personal or real sureties of a civil or commercial nature, unless they are signed by a person for the needs of his profession.

Where the contract is concluded electronically and relates to an amount equal to or greater than an amount set by regulation, the professional contracting party shall keep the written record of the contract for a period of time also determined by regulation and guarantees access to it at all times to the other party at any time the latter so requests.

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PROHIBITION AND OBLIGATION OF THE SELLER https://www.international-powerlaw-alliance.com/practice-blogs/prohibition-and-obligation-of-the-seller/ https://www.international-powerlaw-alliance.com/practice-blogs/prohibition-and-obligation-of-the-seller/#respond Thu, 11 Jan 2024 12:27:06 +0000 https://www.international-powerlaw-alliance.com/?post_type=practice-blogs&p=4475 PROHIBITION AND OBLIGATION OF THE SELLER Read More »

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The seller is prohibited from delivering a product that has not been ordered by the consumer when payment is requested.

In the event of delivery of a product not ordered by the consumer, the consumer may not be asked to pay its price or the cost of its delivery.

The cost of returning unsolicited goods shall be borne by the seller. by the seller.

Before the contract is concluded, the seller must allow the consumer to make a final summary of all his choices, to confirm the order or modify order or to modify it as they wish and to consult the electronic certificate relating to their signature.

Unless otherwise agreed between the parties, the contract is concluded at the seller’s address and on the date of acceptance of the order by the latter by means of an electronic document signed and sent to the consumer.

The seller must provide the consumer, at his request, and within ten (10) days following the conclusion of the contract, a written or electronic document containing all the data relating to the sales transaction.

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