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GUIDE TO ARTICLE 13

Comparison with Proposed Common European Sales Law


Match-up of CISG Article 13 with Proposed Common European Sales Law Articles 24 and 25

CISG Article 13

For the purpose of this Convention "writing" includes telegram and telex.

Article 24 [Additional duties to provide information in distance contracts concluded by electronic means]

1. This Article applies where a trader provides the means for concluding a contract and where those means are electronic and do not involve the exclusive exchange of electronic mail or other individual communication.

2. The trader must make available to the other party appropriate, effective and accessible technical means for identifying and correcting input errors before the other party makes or accepts an offer.

3. The trader must provide information about the following matters before the other party makes or accepts an offer:
(a) the technical steps to be taken in order to conclude the contract;
(b) whether or not a contract document will be filed by the trader and whether it will be accessible;
(c) the technical means for identifying and correcting input errors before the other party makes or accepts an offer;
(d) the languages offered for the conclusion of the contract;
(e) the contract terms.

4. The trader must ensure that the contract terms referred to in point (e) of paragraph 3 are made available in alphabetical or other intelligible characters and on a durable medium by means of any support which permits reading, recording of the information contained in the text and its reproduction in tangible form.

5. The trader must acknowledge by electronic means and without undue delay the receipt of an offer or an acceptance sent by the other party.

Article 25 [Additional requirements in distance contracts concluded by electronic means

1. Where a distance contract which is concluded by electronic means would oblige the consumer to make a payment, the trader must make the consumer aware in a clear and prominent manner, and immediately before the consumer places the order, of the information required by point (a) of Article 13 (1), Article 14(1) and (2), and point (b) of Article 16.

2. The trader must ensure that the consumer, when placing the order, explicitly acknowledges that the order implies an obligation to pay. Where placing an order entails activating a button or a similar function, the button or similar function must be labelled in an easily legible manner only with the words "order with obligation to pay" or similar unambiguous wording indicating that placing the order entails an obligation to make a payment to the trader. Where the trader has not complied with this paragraph, the consumer is not bound by the contract or order.

3. The trader must indicate clearly and legibly on its trading website at the latest at the beginning of the ordering process whether any delivery restrictions apply and what means of payment are accepted.


© Pace Law School Institute of International Commercial Law - Last updated December 13, 2011
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