E-commerce is a form of trading in which an entrepreneur offers goods or services in an electronic environment and also contracts between the provider and the customer are concluded electronically, without physically being at the same place at the same time.
The merchant must disclose to the consumer his true details such as: company name, location address, email address and telephone number, which can be contacted in case of problems.
The purchasing process must be clearly described to the consumer and the terms of sale must be clearly visible to the consumer in the e-shop. We have developed sample terms of sale, which reflect the minimum requirements laid down by law, which must be met by the e-merchant. The terms and conditions of sale are coordinated with the Consumer Protection and Technical Supervision Authority and can be used by anyone who wishes.
Sample terms of sale EST
The receipt of the order must be immediately confirmed by the e-merchant (automatically issued order confirmation, invoice or other document).
The e-merchant must inform the consumer of the selling price and the unit price. The selling price is the final price payable for a unit of goods or a quantity of goods. However, the unit price is the final price of one kilogram, one liter, one meter, one square meter or one cubic meter of goods.
The notification of a reduction in the price of the goods must indicate the previous price applied by the merchant at the same place of sale during the specified period preceding the price reduction.
Detailed product information in Estonian must be provided about the goods. If the consumer makes the wrong choice due to incomplete information, he has the right to withdraw from the contract at no cost and demand compensation from the entrepreneur.
The total price of the goods, including taxes, and any additional costs of transport, postal, delivery or any other costs must be presented to the consumer if these costs are to be borne by the consumer (the postage fee must be presented in the shopping cart at the latest, if the amount of the fee depends on the size of the order, otherwise the prices must be presented earlier).
The consumer must understand the procedure for payment, delivery and execution of the order, as well as the time of delivery of the item, provision of the service or other performance (time of payment of the invoice, delivery period, time of performance of the contract in the case of service).
If there is a right of withdrawal, the conditions, time limit and procedure for exercising this right and the standard form of the withdrawal application must be provided, respectively Regulation of the Minister of Justice.
Standard form for withdrawal
Sample Withdrawal Guide
NB! If the right of withdrawal is not provided for in accordance with § 53 (4) VÕS, information must be provided on the fact that the consumer does not have the right of withdrawal or, if the consumer may lose his right of withdrawal, information on the circumstances under which the right of withdrawal is lost.
Information on who will bear the costs of returning the thing when the consumer withdraws from the contract. The consumer is only liable to bear the costs associated with the return of the goods if the merchant has informed him of this before the conclusion of the contract. If the merchant fails to provide the consumer with the relevant information prior to the conclusion of the contract, the costs must be covered by the merchant himself.
If, upon withdrawal from the contract by the consumer, the cost of return is borne by the consumer, the e-merchant must reimburse the cost of delivery of the item paid for the order (in case it was added to the order). If the consumer does not withdraw from the order in full, the postage paid for the order must be refunded in proportion to the number of products in the order. For example, if there are 2 products in the order and the shipping cost of delivery is 2.50€, in the case of returning one product, the shipping cost of 1.25€ must also be returned.
If an e-merchant offers an additional sales guarantee (for example, a manufacturer's guarantee) in addition to the legal remedies provided for by law, its existence and conditions must be described.
The consumer must be provided with information on the right, time and procedure for filing a claim.
Guide to filing a claim and guarantee and resolving a complaint
A description should be given of the complaint handling procedures implemented in the company (for example, information on the contact details and reception times of the employee dealing with complaints or the specific email address to which it would be most reasonable to file complaints).
The consumer must be provided with information on the purposes of personal data processing, the composition of the personal data to be processed, the procedure and method of processing personal data, as well as on the authorisation and direct marketing of personal data to third parties.
General Guide for the Processor of Personal Data
Sample Data Protection Terms EST
Sample Data Protection Terms ENG
Sample Data Protection Terms RU
Climate change affects us all and is one of the greatest challenges of this century. Preventing the most severe impacts of climate change requires joint action from countries, individuals and businesses. E-businesses have always been innovative and can also be an example for others here. In addition, the reduction of greenhouse gas emissions required for a climate change solution also has positive effects on the environment (for example, fresh air) and also on the economic performance of e-business (for example, energy savings). The Estonian E-Commerce Association has brought together points concerning various areas of e-business, with the aim of increasing environmental awareness and sustainable business.
You can download the guide HERE
The e-merchant shall provide the consumer with information on the possibility of contacting the out-of-court complaints and dispute resolution body and the conditions for contacting. In Estonia, the out-of-court complaint resolution body is the Consumer Disputes Commission operating under the Consumer Protection and Technical Regulatory Authority, whose competence is to resolve disputes arising from a contract concluded between the consumer and the entrepreneur, which the parties have not been able to resolve by agreement and if the value of the disputed goods or services is 30 euros or more t. Consideration of the complaint in the commission is free of charge for the parties.
If an entrepreneur is an importer of goods or packages the goods to the customer in film, cardboard or any other packaging, it is necessary to join a recycling organization, submit packing mass reports and pay packaging excise duty.
Agreements that deviate from the law to the detriment of the consumer are prohibited and common law. There are laws in force in the Republic of Estonia that must be complied with and guided by according to one's field of activity:
Alcohol Law
Alcohol, Tobacco, Fuel and Electricity Excise Law
Electronic Communications Law
Trademark Law
Competition Law
The Law on VAT
Cybersecurity Law
Tax Administration Law
Packaging Excise Law
Packaging Law
Advertising Law
Consumer Protection Law
Food Law
Product Compliance Law
Tobacco Law
Income Tax Law
Tourism Law
Employment Contract Law
Law of Obligations
Commercial Code
The Consumer Protection and Technical Regulatory Authority has prepared a comprehensive e-commerce guide for merchants:
Guide for E-commerce Entrepreneurs
A guide for e-commerce entrepreneurs Appendix 1. Sale of cosmetic products.
The Data Protection Inspectorate has prepared a comprehensive guide for creating a secure online store and a practical guide for the personal data processor:
Secure online store (3.01.2017)
General Manual of Personal Data Processors (31.05.2018)
Use of electronic contact details in direct marketing
When dealing with e-commerce of food, you must inform the Agriculture and Food Board about your activities. You can find a helpful guide here:
Sales and advertising of food in e-commerce
In addition, the regulations of the European Parliament and of the Council, according to the field of activity of the undertaking, are relevant:
Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights
Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation)
Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures relating to food safety
Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin
Regulation (EC) No 852/2004 of the European Parliament and of the Council of 29 April 2004, on food hygiene
Directive 2005/29/EC of the European Parliament and of the Council of 11 May 2005 on unfair commercial practices in the internal market relating to business-to-consumer transactions
Watch the 3-part webinar on “How to start an e-business?”
“Buy and trade wisely, what are the main duties and rights?”
“E-commerce Trends and Safe Shopping”
Cross-border e-commerce