ELECTRONIC AGREEMENTS UNDER THE LAWS OF THE NETHERLANDS ANTILLES
Commercial communication must always be recognizable as such
The Netherlands Antilles National Ordinance on Electronic Agreements is applicable on commercial communication. Commercial communication is all forms of offering and recommending goods and services, businesses and persons, among which advertising and direct marketing by electronic means from, or aimed at the Netherlands Antilles, directly or indirectly aimed at bringing about agreements. Electronic means concerns electronic, radio-electric, electromagnetic or optic possibilities for the transmission or storage of data. This includes for instance the fax, e-mail and the Internet.
All commercial communication must always be recognizable as such. The natural person or legal entity on behalf of whom/which the commercial communication was send must always be clearly identifiable.
The receiver of uninvited commercial communication shall be given a clearly recognizable and simple possibility for each such message to object. Once such objection has been communicated, sending of uninvited commercial communication to this receiver is prohibited.
The provider of Commercial Communication is obligated to state at least the following data completely and clearly in his Commercial Communication:
- the name, registered office or domicile, and the address of the provider of Commercial Communication;
- the information which makes prompt contact and direct and effective communication with the provider of Commercial Communication possible, including his E-mail address;
- where and when the provider of Commercial Communication has been registered in the trade register, including the entry number, or where and when the provider of Commercial Communication has been registered in another way, unless there is no question hereof;
- the various stages to be followed in order to arrive at an agreement By Electronic Means;
- an accurate and unequivocal indication of the product or the service, the price, commission or other compensations and expenses;
- the way of payment and of delivery or execution;
- the applicable conditions, including among other things, in as far as applicable, an indication of the region for which the offer is valid, the revocability or irrevocability of the offer and the duration thereof, the time of delivery, any possible additional costs, including transport charges and insurance premiums;
- the other rights and obligations of parties, including cancellation and other termination possibilities, as well as
- the applicable law and the way of settlement of disputes.
If this is necessary in reason for the execution and fulfillment of an agreement by Electronic Means, the provider of Commercial Communication also states the name, registered office or domicile, and the address of his representatives in the country, in which the other party resides or is domiciled.
Furthermore, the provider of Commercial Communication who exercises a profession which is regulated in his country of residence and in the country in which he regularly renders his services, by or on behalf of the government or a semi-public body, including a professional order or similar institution, is obligated to furnish information where and since when he is registered, as well as a correct description of his profession and of relevant applicable professional codes, including an existing complaint handling procedure.
If the provider of Commercial Communication makes use of special offers, among which discounts, premiums and gifts, then they shall be recognizable as such, while the conditions to make use of these special offers shall be easy to meet, and shall be presented accurately and unequivocally.
The provider of Commercial Communication shall make the terms and conditions governing the agreements to be concluded by him by Electronic Means, including any possible general terms and conditions, available to the other party in a way that the other party will be able to save same and reproduce same later, or shall give him same in writing.
The provider of Commercial Communication shall provide the other party, before or at the moment of concluding an electronic agreement, with suitable means by which the other party can review in an effective and accessible way whether there are any errors, and can rectify same.
Karel Frielink
Curacao-based Attorney (lawyer) / Partner
