The e-commerce or e-commerce and experiencing unstoppable growth in recent years. It is not surprising that this is the case, given the abundant use we make today of smartphones, tablets, computers, etc., and taking into account that over 70% of homes have Internet access.
Along with this rapid growth in Internet sales, the platforms operating on the Internet must have knowledge of the main obligations imposed by the Law. Likewise, the Law must adapt and offer adequate protection to consumers with specificities of online sales.
What are the main consumer rights in online commerce?
1. Right to obtain truthful information
It includes the identity of the company that sells, the products or services contracted, and the shipping costs. This information must be available to the consumer before making the purchase, so that we have all the essential data to be able to decide whether to purchase the product or service or not.
After contracting, the seller must send the consumer a confirmation of sale that includes the conditions of contract on a durable support.
2. Right to protection of personal data
Consumers should be informed about the use and purpose of the collection of their personal data. They will also have the right to exercise their rights of access, rectification, cancellation or opposition (extended to the right to be forgotten and to portability).
3. Right not to provide unnecessary personal data for the purchase
The consumer should only provide those data that are necessary to carry out the transaction and in no case may he be obliged to disclose data beyond what is necessary to conclude the sale.
4. Right to express consent
The acceptance of the consent by the consumer through the marking of a box or the confirmation through alternative means is an indispensable requirement. This consent must be express and unambiguous and through it we declare compliance with the conditions of contracting and contracting the product.
The user of an e-commerce website must be informed of the use and purpose of cookies and any other data storage devices if any.
6. Right to receive personalized attention
The consumer should be able to contact the company, not only by email but also through other means (such as telephone or face-to-face service) that guarantee direct communication and quick response.
7. Right to use different means of payment since these are safe
Among the different alternatives offered by the seller (which must always be reliable and safe), the consumer has the right to use the payment method he chooses to make the disbursement.
8. Right to receive the order within a maximum period of thirty days
(unless the consumer and seller have agreed to a different term). In the event that the company could not deliver the order within this period, it must warn the consumer and he will have the right to recover the money he has paid so far. In case of non-compliance with the delivery period, the consumer will have the right to obtain compensation.
9. Right of withdrawal and right to repair or replacement of the product or price reduction.
Every consumer has the right to give up the purchase for a period of fourteen days from the receipt of the product (yes, taking care of the return costs), and this without the need to motivate the withdrawal. There are exceptions to this right of withdrawal (for example, products for intimate use, which do not allow a return).
In addition, when the consumer receives a product that is not in accordance with the contract, he will have the right to request repair or replacement of the product, or if these are not possible, the price reduction or termination of the contract.
10. Right to product warranty
This warranty is two years, the same as if we purchased it physically or in person. In addition, in the first six months that guarantee is reinforced, since it is assumed that the defect is of origin, is the seller who must prove otherwise.