Commercial transactions in Egypt have undergone a notable transformation with the expansion of electronic contracting and the proliferation of digital commerce platforms. Distance selling has emerged as one of the most prominent forms of modern contracting, whereby an agreement is concluded between the supplier and the consumer without simultaneous physical presence, through various electronic means of communication.

The legislator has regulated this form of contracting under Consumer Protection Law No. 181 of 2018 and its Executive Regulations, in recognition of the specific nature of the electronic environment and the risks it entails, particularly those related to insufficient information or the absence of physical inspection of goods or services. Accordingly, legal safeguards have been established to protect the weaker party in the contractual relationship.

First: Concept of Distance Selling

The law defines distance contracting as the offering, sale, or purchase of products through the internet or any visual, audio, written, telephonic, or other technological means of communication.

This form of contracting is characterized by the following:

• Conclusion of the contract without simultaneous physical presence of the parties.
• Full reliance on modern means of communication.
• Formation of contractual consent based on electronically displayed data without direct inspection.
• Granting the consumer a special legal status of protection, particularly the right of withdrawal.
  

Second: Essential Elements of the Distance Sale Contract

Distance sale contracts are subject to the general provisions set forth in Egyptian Civil Code No. 131 of 1948, requiring the existence of consent, a lawful object, cause, and price. The only distinction lies in the method by which the contract is concluded.

Third: Legal Guarantees Afforded to the Consumer

1. Pre-Contractual Guarantees

The law obliges the supplier, prior to the conclusion of the contract, to clearly disclose essential information, including in particular:

• The supplier’s identity and commercial and tax registration details.
• The characteristics, origin, method of use, and potential risks of the product.
• The total price inclusive of taxes and additional charges.
• Warranty terms and after-sales services.
• Delivery time and place.
• Conditions and procedures for withdrawal from the contract.

These disclosure obligations constitute a fundamental safeguard ensuring transparency and the proper formation of the consumer’s will.

2. Guarantees During Contract Formation

The law further requires:

• Confirmation of the consumer’s consent to the transaction.
• Enabling the consumer to correct or amend the order within seven working days of acceptance, in accordance with prescribed regulations.
• Sending written notification containing all details of the offer and contractual terms.
• Maintaining an accurate record of contracting operations.

These safeguards aim to prevent haste or error in the completion of electronic transactions.

3. Post-Contractual Guarantees

The legislator grants the consumer the right to withdraw from the contract within fourteen days from receipt of the goods, without providing reasons. The supplier is obligated to refund the amount paid within the legally prescribed period and by the same method of payment, unless otherwise agreed.

The law also entitles the consumer to rescind the contract without incurring any expenses if the supplier fails to deliver within the agreed time, or after thirty days in the absence of a specified delivery date. In such cases, the supplier must bear the shipping costs.

Fourth: Legal Liability

Failure to comply with the obligations governing distance sale contracts may give rise to multiple forms of liability, including:

• Civil liability (rescission, compensation, restitution of price).
• Administrative liability before the Consumer Protection Authority.
• Criminal liability in cases of fraud or deliberate misrepresentation.
  

Fifth: Significance of Regulation in the Context of Digital Transformation

The regulation of distance selling constitutes a fundamental step toward supporting the digital economy and strengthening confidence in electronic transactions. It seeks to achieve genuine contractual balance between supplier and consumer, while aligning the national legal framework with global economic developments.

Despite the legislative progress achieved, there remains a need to enhance legal awareness, intensify oversight of digital platforms, and develop electronic dispute resolution mechanisms, particularly in cross-border transactions.

Conclusion

The Egyptian legislator has established a comprehensive legal framework governing distance sale contracts, grounded in transparency, the right of withdrawal, and guaranteed refund mechanisms. Effective practical implementation, strengthened supervision, and institutional compliance remain essential to consolidating trust in the e-commerce system.