Electronic commerce is the term used to describe transactions involving the buying and selling of goods or services in which information is transmitted and received electronically (i.e. by cable, radio, optical means or other electromagnetic means).



Specific legislation regulating electronic commerce transactions has yet to be passed in Portugal, and trading between companies (i.e. B2B electronic commerce) is therefore governed by the provisions pertaining to off-line transactions as set out in the Portuguese Civil Code.



The transposition into Portuguese law of European Parliament and Council Directive 2000/31/EC, approved on 8 June 2000 (“Directive on Electronic Commerce”), is expected in the near future, however. This is likely to introduce specific legislation governing information technology services, electronic commerce in particular.

The law does not require sales contracts to take any special form (except in the case of real estate sales, for example), so the contract can be considered to have been concluded once the buyer placing the online order receives written notice of the receipt and acceptance of the order from the seller.

An order placed through a marketplace is equally as valid as an order placed by letter/fax, as its represents a determination on the part of the buyer to contract a service.

Purchases made online can only be cancelled prior to receipt of the order on the part of the seller.

Delivery dates should be agreed on by both parties involved. Should no delivery date be stipulated, however, the buyer is entitled to demand the order at any time, and the seller may deliver it at any time.



If the buyer and seller fail to agree on a delivery date, they may request that this be decided by the courts.

Orders are confidential. Only the product supplier has access to the information contained within them.

As a rule, responsibility for shipping orders lies with the seller. Unless agreed otherwise, the actual shipping cost is borne by the buyer, who should be informed of this beforehand.

If products ordered online do not match their description or if they are faulty in any way, the buyer may ask the seller to exchange and/or repair the product within 30 days of the date on which the buyer becomes aware of these facts, but no later than six months after the delivery date.



Should the seller fail to repair or substitute the product, the buyer has six months (from the time the seller was informed of the fact) to take the case to the courts.

Tradecom provides the electronic support means which allow buyers and sellers to trade with each other. Tradecom has no influence over the terms and conditions of the sale, however, or any other aspects of the business conducted between the parties.

If the seller fails to deliver an order that has been paid for, a breach of contract is said to have taken place. This may lead to cancellation of the contract and the subsequent legal obligation on the part of the seller to repay whatever sums have been paid. The buyer may also be entitled to compensation.

Should a buyer fail to pay for goods or services ordered online, the seller may take legal proceedings against the buyer with a view to receiving the amount owed, interest accrued and any other amounts resulting from expenses incurred.

In the event of a dispute with the seller, the buyer may take the case to the competent law courts or arbitration courts if both parties have so agreed.

In accordance with Portuguese legislation, an electronic document containing a digital signature certified by an entity accredited by the Instituto das Tecnologias da Informação na Justiça (the accrediting authority for certifying entities) is legally equivalent to a written document with a signature recognised by a notary public.

In Portugal, goods bought online are subject to the applicable rate of VAT, provided the goods are located within national territory (i) at the time they are sent or shipped to the buyer or, (ii) if the goods are not sent or shipped, at the time the goods are placed at the disposal of the buyer.



Intra-Community transactions involving the import or export of goods are subject to specific regulations.

Unless the law states otherwise, the majority of online purchases are governed by the legal provisions of the country in which the seller is based.

If you have any other questions you'd like answering, send us an e-mail to: info@tradecom.pt

Note: The information shown on this page is solely of a general nature and does not constitute professional advice. Legal advice should be sought to resolve concrete cases.

Although the information shown on this page has been published to provide users with clear, objective and unbiased information, Tradecom does not accept any liability in respect of its content.

This information was posted in [February from 2012]