A notification is only expected if an order cannot be processed, for example.B. when the product is sold out. An official declaration of acceptance is not expected according to the recognized practice of e-commerce – and the contract will therefore be effective without it. This intention is presumed in a commercial transaction, but can be refuted or challenged. If the customer is in the retailer`s store, the customer`s intention can be easily established by confirming it with the customer. But how to achieve this in case of online purchase? The solution: in most cases, the mere offer of products or services is not a concrete offer or the conclusion of a contract. The online shop presents a non-binding merchandise presentation, similar to a shop window or catalogue for a store. If the acceptance rule applies and the retailer`s acceptance only justifies the contract once it has been received by the customer, the retailer faces a problem when the customer is in another jurisdiction (i.e. between states or abroad). The law that may apply to the contract is the law of the place where the contract is concluded, which is the place of establishment of the customer. If the online contract gives rise to legal action, the retailer may be obliged to look into this measure in another state or abroad.
As the owner of an e-commerce site, you can enforce your terms by refusing an online buyer to browse your website or purchase products. The customer may also enforce the terms by taking legal action.