Trading with consumers online

Trading with consumers online, also known as business-to-consumer (B2C) digital commerce, involves businesses selling goods, services or digital content to consumers through digital channels such as websites, mobile apps, online platforms and other digital sales interfaces.

This Overview introduces the main content on forming consumer contracts online, using online consumer terms, managing cancellation rights, understanding digital sales channels, subscription contracts and in-app purchases.

For an introduction to the topic, see Practice Note: Digital commerce—introduction.

For more information on the regulation of digital commerce more widely, see: Regulation of digital commerce—overview.

B2C online contract formation

Generally, online contracting in a B2C environment is governed by the same principles as those that apply to offline contracting. This means that concepts of offer, acceptance, consideration, intention to create legal relations and certainty remain the fundamental cornerstones that govern contract formation.

However, the formation of contracts with consumers in digital environment raises distinct legal and practical considerations. Traders will typically engage consumers on standard terms that are not intended to be negotiated. Issues may arise in relation to: the effective incorporation of those terms; whether they meet the standards

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