Specific rules apply to digital communication (commercial communication). Below is an overview of the most important rules for the online sale of products or services to consumers.
Checklist for online sales
On this page:
- A company must always be identifiable and reachable
- A company must comply with the rules on commercial communication?
- Unwanted or unclear approaches are not permitted
- For online advertising, a company must provide mandatory information
- Specific rules apply to unsolicited advertising via electronic means (spam)
A company must always be identifiable and reachable
If a consumer receives an online message, it must always be clear who the sender is, and the company must be reachable.
A company must provide at least the following information:
- The name under which the company is registered with the Chamber of Commerce & Industry Aruba
- The registered business address as listed with the Chamber of Commerce & Industry Aruba
- An email address
- A telephone number
Even if a company is not registered with the Chamber of Commerce & Industry Aruba, it must still be identifiable and reachable. In that case, the company must provide its address and contact details.
A company must comply with the rules on commercial communication
Specific rules apply to communication carried out by digital means (commercial communication):
- Advertising must be recognizable
The consumer must clearly understand that the message is advertising or commercial communication. - The sender must be identifiable.
It must be clear which company is responsible for the advertisement, including the company’s contact details. -
Competitions and promotions must be fair.
If a company organizes a competition or promotion (for example: “win a free vacation”), this must be clearly stated.
The rules must be clear, simple, and fair, and the conditions must be easy to understand.
Unwanted or unclear approaches are not permitted
When a company approaches a consumer remotely, specific legal rules apply.
The consumer must always be able to unsubscribe free of charge and must not receive further messages after unsubscribing.
Telephone calls
If a company calls a consumer without prior request, the company must:
- Clearly state its name and company name at the start of the call; and
- Clearly explain the commercial purpose of the call.
Automated systems, faxes and electronic messages (opt-in required)
A company may only send automated calls without human intervention, such as faxes or messages via email, SMS, or apps, if the consumer has given prior consent (opt‑in).
Using e-mail
In limited cases, a company may use email to offer similar products or services to those already purchased by the consumer. This is only allowed if:
- The consumer was informed in advance and had the opportunity to refuse (opt‑out);
- Every message includes a clear unsubscribe option;
- After unsubscribing, the company immediately stops sending messages and no longer uses the email address for promotional purposes.
A company must include mandatory information in electronic messages
Every electronic message must clearly state:
- The name of the company sending the message;
- A valid postal address or email address where the consumer can unsubscribe.
Other forms of communication
Other forms of communication, such as letters or flyers delivered to a mailbox, are allowed unless the consumer has indicated that such communication is not desired.
In all cases, the consumer must be able to unsubscribe.
Unsubscribing must always be free of charge
A company must inform consumers at least once a year, in a clear manner, about the possibility to unsubscribe.
Unsubscribing is always free of charge.
A company may not charge any fees for unsubscribing.
Note:
Unsubscribing is always free of charge. You may not charge the consumer any fees for unsubscribing.
For online advertising, a company must provide mandatory information
Mandatory information:
- The company name and registered business address
- Contact details, including email address and telephone number
- Registration details, such as the registration number and date with the Chamber of Commerce & Industry Aruba
- The steps required to conclude an agreement electronically
- A clear description of the product or service, the price, and any additional costs
- The conditions, including the duration of the offer, delivery time, and additional charges
- Other rights and obligations, such as cancellation options
- Information on applicable law and dispute resolution
Example:
An online shop must not only state the product and price, but also explain how the product can be ordered, which payment methods are accepted, what the return period is, and how complaints can be submitted.
Additional information for foreign customers
If a company targets consumers in another country, it must clearly state who its representative is in that country, including contact details.
Additional obligations for professional practitioners
If a company operates as a professional practitioner, it must clearly state:
- Where the professional is registered and since when;
- A description of the profession;
- A short description of the applicable professional rules and the complaints procedure.
Offers, discounts and extras must be clear
Offers, discounts, and additional services must be clear and understandable, without hidden costs.
Consumers must be able to meet the conditions easily and fairly.
Specific rules apply for unsolicited advertising via electronic means (spam)
Unsolicited advertising sent without consumer request is considered spam.
In such cases:
- The message must be clearly recognizable as advertising;
- A simple unsubscribe option must be provided;
- After unsubscribing, no further advertising or messages may be sent;
- The sender’s email address must always be clearly identifiable.
A company must provide all required information before the purchase
In the case of a distance sale, a company must inform the consumer in advance about:
- The identity of the seller (including the address in case of advance payment);
- The product or service offered;
- The price, including taxes and charges;
- Delivery costs, if applicable;
- The method and timing of payment;
- The method of delivery;
- The statutory cooling‑off period of 7 working days;
- Any additional communication costs;
- The duration of the agreement in the case of subscriptions or repeated delivery.
Consumer right: cooling‑off period
In distance sales, consumers have a statutory cooling‑off period of 7 working days to cancel the purchase.
Main rules:
- The cooling‑off period starts on the day the product is received or, for services, on the day the agreement is concluded;
- Cancellation is possible without giving any reason;
- No cancellation fees apply, except possible return shipping costs;
- Refunds must be made free of charge within 30 days after cancellation.
Extended cooling‑off period
If mandatory information is missing before or at the time of sale, the cooling‑off period is extended to three months.
Exceptions:
No cooling‑off period applies to, among others:
- Products with prices dependent on financial market fluctuations;
- Custom‑made or personalized products;
- Perishable goods;
- Audio or video recordings and computer software if the seal has been broken;
- Newspapers and magazines;
- Services that have started with the consumer’s consent;
- Games of chance and lotteries.
The cooling‑off period is a legal right
A company may not limit or obscure the cooling‑off period. General terms and conditions may not exclude this right.
Tip:
If the consumer requests a quick execution of a service, record in writing that they waive the cooling‑off period.
The ordering process must be clear and easy to follow
The ordering process must enable the consumer to understand how ordering and payment work, correct mistakes, and clearly see what is being paid for.
This means that:
- The steps in the ordering process must be clear and transparent;
- Before payment, the consumer must receive an overview of the order, including the price and applicable conditions;
- The order button must clearly indicate that payment is required (for example: “Order and pay”);
- The consumer must be able to correct mistakes before payment;
- After payment, the consumer must receive a written confirmation.
A company must provide all mandatory information after the purchase
After the purchase, and no later than at the time of delivery, the consumer must receive the required information on a durable medium, such as email or PDF.
This information must include:
- A repetition of the main details of the sale;
- An explanation of the cooling‑off period and cancellation rights;
- Information on the complaints procedure and a contact address;
- Details on warranties and after‑sales service;
- Any agreements that affect the cooling‑off period;
- An explanation of how the contract can be terminated, if the duration exceeds one year.
Sources:
Article 5 of the National Ordinance on Agreements by Electronic Means for commercial communication
Article 7:46c of the Aruba Civil Code
Article 7:46d of the Aruba Civil Code
