Binding effect of an electronic offer
According to the article 66 (1) paragraph 1 of the Polish Civil Code, an offer made electronically binds the offeror in the other party immediately confirms receipt thereof.
It should be also noted that in accordance with article 66 (1) paragraph 2 of the Polish Civil Code an enterpreneur submitting an offer electronically is obliged, before executing the contract, to inform the other party unambiguously and clearly of:
- technical actions constituting the contract execution procedure;
- legal effects of the other party confirming recept of the offer;
- principles and methods by which an enterpreneur records, secures and makes the kontent of the contract available to the other party;
- technical methods and means for detecting and correcting errors in introduced data that it is obliged to make available to the other party;
- languages in which the contract may be executed;
- ethical codes applied and their availability in electronic form;
What is more, the provision of paragraph 2 applies accordingly if an enterpreneur invites the other party to enter into negotiations, make offers or execute contracts in any other way (article 66 (1) paragraph 3 of the Polish Civil Code).
However, according to the article 66 (1) paragraph 4of the Polish Civil Code, the provisions od paragraphs 1 – 3 above do not apply to the execution of contracts by electronic mail or similar means of individual distance communications. Neither do they apply in relations between enterpreneurs if the parties agree so.
Legal status: 2nd September 2014