Umowa o świadczenie usług elektronicznych zawierana na odległość
Distance contracts for providing services by electronic means

Summary/Abstract: In contractual practice, the contract for the provision of services by electronic means is often used by means of distance communication. There may appear (in a specific subject matter arrangement) the problem of coexistence of provisions contained in the Act of 18 July 2001 on the provision of services by electronic means and in the Act of 30 May 2014 on consumer rights. The article attempts to establish a mutual relationship between these legal acts, which (in the analyzed scope) requires a comparative analysis of the definition of "electronic services" and "distance contracts". This analysis shows that the scope of these concepts may be cross-fertilized, which would necessitate the coexistence of the provisions contained in both these legal acts. As regards information obligations, the relationship between these regulations is set out in Art. 26 u.p.k. By ordering, in the case of possible contradiction, the application of provisions contained in the law on consumer rights. It is worth pointing out, however, that in relation to the numerous information obligations, both regulations are complementary. It also follows from the established conflict of law that the Act on the provision of electronic services complements the information obligations (defining the content of information and the manner of its transmission) 12-23 u.p.k. Where a contract for the provision of services by electronic means is at the same time a distance contract, the consumer shall have the right to withdraw from such contract without giving a reason in accordance with the rules set out in Chapter 3, u.p.k. In certain situations, this privilege may, however, be excluded.

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