التنظيم القانوني لعقد خدمة التوصيل ( دراسة مقارنة )

Legal regulation of the delivery service contract "A comparative study

The seller’s obligation to provide the commercial delivery service after the sale comes from the will of the parties to the contract, and this will to guarantee the contract whatever conditions it wants, and these conditions cannot violate public order or public morals. The emergence of the Internet, and this period is considered the birth of the term electronic commerce, which is considered the turning point and the global economic recovery, which turned the trade and its dealings in a remarkable way, which resulted in transactions that did not exist on the scene, including The commercial delivery service contract and because of the advantages that this contract carries, which made consumers enter into this type of contract. We do not evade the truth if we say that this contract has contributed to the recovery of the economy increasingly, because of the gains it brings to the two parties to the contract, which facilitates the consumer to obtain goods and merchandise in terms of short The time as well as the lack of financial cost, with the seller’s obligation to ensure the safety of the sale until it is delivered to the consumer, as well as en suring the safety of the consumer from everything that would cause harm to the consumer
In addition to the above, the consumer has complete and easy freedom to move between platforms and websites for the purpose of choosing the most appropriate and best of the offered goods without pressure or influence from anyone else, as well as the ability to negotiate prices or access period and everything that would complete the conclusion of the contract Through any electronic means or program chosen by the consumer Also, the commercial delivery service, although it is closely related to the sales contract, does not apply to all sales contracts. On the one hand, the delivery service cannot be envisaged in the real estate sale contract,
and on the other hand, this service can only be provided in the sales contract that includes this condition, as This commitment is not one of the traditional obligations, and hence its importance appears in this contract, from which we launched our study of this contract and its great role in the shopping strategy through advertisements launched by manufacturers, as well as merchants and even owners of small shops such as restaurants, clothing stores, electrical appliances and other stores Retail of goods and merchandise that touches the basic daily needs of the consumer This contract also provided the fertile environment for the revival of many applications such as electronic money launched by banks, which the need for it has increased at the present time due to the ease of carrying it when compared to traditional money, as well as preserving it from loss or theft, so to speak, and this contract has a special feature that encourages consumers To deal in it is not to pay the material consideration except upon receiving the sold item, examining it and making sure that it is safe from defects and from any shortage and that it conforms to what was contracted, as this type of contract makes the consumer safe from any case of commercial or industrial fraud in the product
Just as the delivery service contract encouraged many producers to compete to gain consumer satisfaction by providing other services added to the delivery service, which may be providing a service to install some devices that need technical expertise, or offering maintenance warranty offers for a limited period, or maintenance of some parts of the device, or Some companies hold training courses that did not purchase their products, and these courses may be through a program that allows only those who carry a specific code or put a disc inside each device showing technical methods for working or repairing any technical defect that occurs in the future