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Online trading: is contract needed?


Source “Ekonomichna Pravda”

In November 2012, the Ministry of Economic Development and Trade clarified that the business entities engaged in e-commerce shall be guided by the rules governing selling goods on order and outside the commercial premises, approved by the order of the government agency No. 103 dated April 19, 2007.

Actually it was a recent report about the letter of the State Service for Regulatory Policy and Entrepreneurship and Press Development that drew a response. The attention was drawn to the title used by the agency and the media: “Online shops shall enter into purchase and sale agreement with the consumers”.

It should be mentioned that an oral agreement requires confirmation by issuing a settlement document, i.e. receipt, merchandise or cash voucher, ticket or coupon to a consumer.

According to the above-mentioned rules, online shops shall also provide consumers with the information about the name of the seller, its location and procedure for accepting claims, the main characteristics of the product, the price, including the delivery fees, payment terms, warranties, and termination procedure.

Provision of the said information shall be confirmed in writing or by email. The information confirmed in such a way cannot be changed by the seller unilaterally.

However, it seems that in case of efficient organization of labor, compliance with the above selling rules by the online shops their work will not be complicated substantially.

Taras Utiralov, lawyer at Ilyashev & Partners

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