The contract of e-commerce, or electronic commerce, is governed by D. Lgs. 9 April 2003 no. 70 with which the Italian legislator has transposed the directive no. 2000/31/EC of the European Parliament concerning the main legal aspects of information society services, electronic commerce and contract and e - commerce.
It must be noted, however, that the decree does not exhaust the discipline of e-commerce contract. In fact, this is, however, governed by the general legislation on contracts governed by the Civil Code, for example in the theme requirements of the contract conclusion, performance or non-performance. Also remains applicable, in the case of services offered to consumers, all the legislation of the Consumer Code regarding distance contracts, unfair terms and misleading advertising or comparative. Finally, the relationship between the parties shall be applied, the discipline laid out by the Privacy Code.
With regard to the contracts concluded with parties which are defined as consumers, in accordance with the provisions of the Consumer Code, the consumer always has the right to withdraw from any distance contract without any penalty and without specifying the reason, within the term of 10 working days. In addition, a discipline of protection addressed to the consumer is that concerning the unfair clauses, according to which it is presumed to be unfair until proved otherwise, a number of clauses having the effect of altering significantly the balance of rights and obligations of the contract, to the detriment of the consumer. These terms are void, even if they have been the subject of specific negotiation with the individual.
Still on the subject of contracts with the consumer, the seller and manufacturer shall not be liable to the consumer for any lack of conformity which exists at the time of delivery of the goods. The duration of the warranty extends to two years from delivery of the goods.