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Distance sales (online, by telephone, or by mail)

A distance sale occurs when the seller completes the sales process and concludes an agreement without meeting the consumer in person. This may take place via the internet, by telephone, or by mail order. The consumer does not visit the seller’s business premises.

In a distance sale, the consumer has additional statutory rights that provide legal protection.

 

Examples of a distance sale:

Note:
A distance sale is the purchase of goods or services by a consumer using remote communication methods, such as the internet, telephone, fax, post, or similar techniques.

A sale is not a distance sale if:

 

Sales through a webshop

A webshop must comply with Aruban consumer protection rules if:

Note:
A webshop established abroad may also fall under Aruban consumer law if its activities are aimed at consumers in Aruba, for example by stating prices in Aruban florin or offering delivery to Aruba. In such cases, Aruban consumer protection legislation applies.

 

Informing the consumer (statutory duty to provide information)

In a distance sale, the seller must provide the consumer with clear and understandable information in a timely manner, both before and after concluding the agreement. This is the seller’s statutory duty to provide information. The purchase process must be fully transparent and applies to both products and services.

Written confirmation of the purchase is mandatory in distance sales.

Failure to comply with the duty to provide information may affect the consumer’s legal position, for example by extending the statutory cooling‑off period.

For online purchases and distance contracts, the seller must ensure that the consumer can review the content of the agreement and correct any errors before concluding the agreement.

 

Mandatory information before concluding the agreement

Before the purchase, the seller must provide to the consumer with at least the following information:

 

Obligations when concluding a distance sale

1. The seller must confirm the order, purchase, or agreement in writing (by letter, email, or PDF) and include all mandatory information.

Include all mandatory information again, as required before the purchase.

2. The seller must ensure that the terms and conditions are accessible, meaning:

  • Available electronically so the consumer can consult and store them; and
  • Provided in writing upon request.

Example: send the agreement to the consumer by email in PDF format.

3. The consumer must be able to identify and correct errors easily before concluding the agreement, for example by reviewing a clear order overview before payment.

4. If insufficient opportunity is given to correct errors and this leads to an error in the agreement, the agreement can be declared invalid.
5. For online payments, the seller must clearly indicate the payment moment, using a button that clearly shows a payment obligation, such as “Order with payment obligation.”

 

Provide a button that clearly indicates that payment is mandatory when the consumer clicks on it (for example, “order with payment obligation”).

 

Information after a distance sale

After a distance purchase, and no later than the time of delivery, the consumer must receive a written confirmation of the purchase.
You must provide this information on a durable medium, such as email or PDF, so that the consumer can store it.

The confirmation must include:

 

Exceptions

These rules do not apply to:

The rules also do not apply to accommodation, transport, restaurants, and leisure services if the service is performed on a fixed date or
time, based on the consumer’s reservation by the consumer.

As a seller you are not obligated to send a written confirmation if the service is provided only once via a means of communication (for example, providing a horoscope). However, the seller must provide a physical contact address.

 

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