Information must be provided by the seller before the purchase takes place

Information about a product must be provided before you enter into an agreement (purchase of a product) with the consumer. This is before your customer:

• Pays at the checkout;
• Clicks “order”;
• Signs the contract;
• Gives consent via email or WhatsApp.

 

The content of the information must meet certain requirements. You must ensure that the information:

• Is understandable;
• Is not misleading;
• Does not omit important information;
• Does not create incorrect expectations.

 

If you act as an intermediary on behalf of the seller, clearly state this. Also mention:

• The name of the company you represent;
• The business address of the company you represent.

 

Note!
Properly informing the consumer before the purchase can prevent problems later on.

 

Clearly display important information 

The consumer must have sufficient information to make a well-informed decision. You are responsible for providing correct and
sufficient information. You may not mislead.

Information that is important for the customer:  

1. Company details: Business address, email address, telephone number, Chamber of Commerce number. You must be findable
and reachable for the consumer. Make sure that the consumer can easily find your company details before the purchase, for example
on every page of your website, in the contract, or in your catalogue.

2. Product characteristics: Model, color, material, dimensions. What does the consumer need to know to make a good choice?
In the case of smart products (smartphones), digital content (such as e-books), and digital services: what they can be used for, which
other hardware or software they are compatible with, how they are secured (for example against copying), and which updates the consumer
may expect.

3. Characteristics of the service, job, or assignment: Type of work (description of the work), how often it is carried out (for example,
every week), purpose or result, and what the consumer needs to provide (water or electricity).

4. Price and any additional costs: (for example, delivery or installation). Read more here.

5. Payment methods: (cash instalments).

6. Delivery: (pick-up only, delivery possible).

7. Warranty: (including commercial warranty). Read more about warranty here.

8. Duration of the Agreement: (for example, until the product is delivered).

9. Termination: Read more about termination here.

10. General Terms and Conditions: Read more about general terms and conditions here.

Exception:
If you sell in a physical store, you may omit certain details that are already very clear to the buyer. For example, you do not need to display your store’s address inside the store.

 

Distance sales: additional information 

What is a distance sale?

A distance sale means that a consumer purchases a product without any physical interaction between the consumer and the company. Everything takes place via telephone, the internet, or email.

Important:

• It concerns a consumer sale: the buyer is a private individual and purchases a product from a company.
• No physical contact: the consumer does not visit, sign or pay in a store, but remotely.
• The seller uses an organised system: for example, an app, a webshop or a call centre.

Consumer Rights:

1.Right of Withdrawal (Cooling-Off Period)

• • The consumer may cancel the purchase within 7 business days after receiving the product, without giving any reason. if the seller does not give the customer all required information for a distance sale, the cooling-off period can last up to three months.
  • The consumer must return the product and will receive a refund withing 30 days after cancellation (sometimes excluding shipping costs).

2. Prior Information

• • By law, the seller must provide the consumer certain information timely and in a clear and understandable way

3. Confirmation of the Agreement

• • After placing the order, the consumer must receive a confirmation, for example by email.

Exceptions

• No right of withdrawal (cooling-off period) for:
  • Custom-made products (for example, tailor-made clothing);
  • Perishable products (such as food);
  • Digital content that can be downloaded immediately.

In the case of a distance sale, you as a seller are obliged by law to provide the following information to the consumer before concluding the agreement:

• Company details where you can submit a complaint (name, visiting or postal address, Chamber of Commerce number, email address, telephone number);
• Main features of the product (what exactly you are selling);
• The price, including taxes and any other applicable costs;
• Delivery costs and the method of delivery (if applicable);
• Payment: how and when payment must be made;
• How the product will be delivered (for example: collection or home delivery);
• How the contract (purchase) can be cancelled;
• Any additional costs for using a specific means of communication (such as an expensive or international telephone number);
• How long the offer and the price is valid;
• The minimum duration of the agreement in case of repeated or continious delivery.

 

Information after the time of purchase 

In a confirmation, you must provide all mandatory information again. This must be done in writing or digitally with a possibility to print, so that the consumer can keep the information.

 

Make sure you are reachable 

Indicate how and when you can be reached. And make sure that you are actually reachable. Answer emails and pick up the phone.

Note:
Even if you are not registered with the Chamber of Commerce and Industry of Aruba, but are engaged in distance sales as a company or profession, you must provide an address and telephone number where you can be reached.

 

Sources:

• Article 6:217 of the Aruban Civil Code
• Article 7:46c of the Aruban Civil Code