The Commission on legislative activities of the government of the Russian Federation approved a bill aimed at protecting the rights of consumers who purchase goods and services online. According to the report on the website of the Cabinet of Ministers the draft law «On amendments to the law «On protection of consumer rights prepared by the CPS. The bill will be considered at the Government meeting.
To date, the development of this segment of the consumer market identified are not regulated by the legislation of the relationship. Not regulated by the commodity aggregators that not being the actual sellers of goods or providers of services, act as direct recipients of funds from the consumers. Due to the lack of a clear legal regulation of activity of economic entities not identifiable as a classic sellers, in fact they are outside the jurisdiction of the legislation on protection of the rights of consumers, are not responsible for the observance of the rights of consumers to information about the seller) sold goods and services offered.
Legal gaps can be used by unscrupulous market participants in order to obtain the maximum benefit at the expense of economic interests and the legitimate rights of both consumers and honest businesses, sitout in the government. The drafted amendments aimed at filling gaps in the legal regulation of corresponding legal relationship and the creation of additional mechanisms to protect the rights of consumers intending to purchase or purchasing goods through the Internet.
In particular, the bill proposes to introduce the concept of «aggregator of goods (services)» as an independent subject of responsibility towards the consumers regarding their rights to information about the product or service. Provides for the liability of such aggregators for the actual damage caused by the provision of knowingly false information about a product or seller on the basis of which the contract was concluded with the consumer.
The growth and scale of online trade in Russia is forcing regulators to look closely to the market, says a leading analyst GK TeleTrade mark in real. The market volume is estimated at 650 billion rubles in 2016, According to preliminary data of the Association of companies the Internet-trade (AKIT), to 2016 sales through the Network could grow by 18% compared to 2015 And in General the retail trade turnover in Russia has fallen in 2016, 5.2%, according to Rosstat.
The most common way of the existence of online stores in Russia is intermediary trade, says expert. Intermediaries aggregate, that is, gather the information base about the products of different sellers, post on their websites, accept payments for them and convey to sellers. Buyers this is useful because in one place focused available for comparison base about the products. Some of the sellers sales services aggregators-intermediaries reach 90%. Formally, under the law, aggregators are not the sellers, but merely reporting services is not responsible for the integrity of the sellers for the accuracy of the information.
The bill not only introduces the legal concept of «aggregator of goods (services)» for such intermediaries. It is proposed to introduce responsibility for the information and for the detriment of the consumer of its unreliability. This proposal will make the market more civilized, считае6т mark Goikhman, and closer to the level of consumer protection adopted in traditional trade. Will cut many unscrupulous sellers and their sales agents. At the same time, for the intermediaries, this will result in additional costs, which may increase the price of goods and services.
In the sphere of protection of consumer rights on the Internet, indeed, has gaps, says the news of the legal expert center «Public Duma» Paul Ivchenkov. For example, there are difficulties in the return of the defective goods, if he just «didn’t work». Sellers such requests from buyers are often perceived negatively and are not in a hurry to comply with legal requirements. And new legislation in a hurry to stand on the side of the consumer.
On the other hand, the expert said, online shopping is also not protected by the current legislation. For example, there is no list of goods, which is not subject to refund in the online trading. And today, the Internet shops are obliged to accept returned underwear, cosmetics and pantyhose. Thus, today online shopping have to protect yourself, carefully working through their own legal documents to avoid conflict situations.