Legal support of online stores
Legal services for legal support of online stores
An increasing number of people prefer to shop without leaving their homes. Also, some stores are increasingly moving to the online format, as this can reduce the cost of renting premises, as well as expand the circle of potential buyers.
Features of legal support for online shops
The online store can carry out its activities by creating its own website and/or maintaining accounts on social networks. It is also possible to sell goods through a TV shop or by transmitting information about the goods and the rules for their purchase through the radio.
For sale and purchase of goods remotely, the requirements of Art. 30 of the Civil Code of the Russian Federation. However, the sale of goods remotely has its own characteristics, established by the Rules for the sale of goods by remote means, approved by the Government of Russia dated September 27, 2007 N 612 (hereinafter referred to as the Rules). According to these Rules, an offer of goods in its description addressed to an indefinite circle of persons is recognized as a public offer if it is sufficiently defined and contains all the essential terms of the contract. The seller's obligations to transfer the goods and other obligations related to the transfer of goods arise from the moment the seller receives the corresponding message from the buyer about his intention to conclude an agreement. In this case, the buyer's message must contain information about the delivery address of the goods.
It is important to note that the conditions for returning goods of good quality differ from the conditions provided for returning goods purchased in person, and not remotely. So, the buyer has the right to refuse the goods at any time before its transfer, and after the transfer of the goods – within 7 days. However, if information on the procedure and terms for returning the goods of good quality was not provided in writing at the time of delivery of the goods, the buyer has the right to refuse the goods within 3 months from the date of transfer of the goods.
If the buyer refuses the goods, the seller must return the amount paid, minus the seller's expenses for delivery from the buyer of the returned goods, within 10 days from the date the buyer makes the corresponding demand.
Also, the legal requirements of consumer protection legislation apply to the legal relationship between the seller of an online store and buyers.
Additionally, the online store is endowed with obligations to comply with the procedure for settlements with buyers remotely. At present, when the buyer pays for the goods, the seller is obliged to transfer the sales receipt to the buyer (for example, by sending it by e-mail).
In addition to the above operating conditions of an online store, it is important to pay special attention to the content of the information available on the website / social network page of such a store. Below are the basic requirements for the content of the information required to be submitted by an online store on its official website.
Structuring the information that should be contained on the website of the online store
Generally, the seller of an online store must ensure the confidentiality of personal data about the buyer in accordance with the legislation of the Russian Federation on personal data.
In addition, considering the need for the buyer to enter personal data about himself to purchase goods remotely, the seller automatically acquires the status of a personal data operator.
In this regard, on the official website of the online store, it is necessary to post the procedure for processing personal data and privacy policy. It is also recommended to provide for the technical possibility of obtaining consent from the buyer for the processing of personal data and obtaining information about his familiarization with the privacy policy and other conditions for the sale of goods. For example, confirmation of such acquaintance is made by “ticking the boxes” or other marks by the buyer in the columns in which these documents are given.
Considering the condition that the seller is obliged to sell the goods to any buyer who has made a corresponding application, in order to regulate the legal relations of the parties, it is recommended to post on the website and familiarize the buyer with the terms of the public offer.
In addition, information about the product, its characteristics, the procedure for its delivery, payment, receipt, and return should also be contained on the store’s website.
All materials posted on the site and constituting advertising must comply with the requirements of the advertising legislation.
Thus, the maintenance of the website of the online store is a very essential aspect of the seller's activities, which lays the foundations for the success of sales and protection from third-party claims and/or inspections by control/supervisory authorities.
In this regard, before placing any documents and materials on the store's website, it is recommended to carry out a detailed legal analysis of their content.
Legal services
- Legal support of online stores
- Due diligence of online stores
- Checking for compliance with the requirements of the current legislation of information and advertising materials planned for publication/broadcast by the online store
- Development of a privacy policy, rules for the processing of personal data, public offer agreements and other documents accompanying the activities of the online store
- Legal assistance in structuring an online store website
- Legal support for the conclusion of contracts with buyers
- Representing the interests of an online store when receiving claims from buyers
- Contractual support of all areas of the online shop
- Protecting the interests of online stores during inspections by control and / or supervisory authorities
- Legal advice to online stores on all issues related to the implementation of their activities
- Representing the interests of online stores in court at all stages of legal proceedings
