According to the latest available official data, the turnover of electronic markets exceeded 36 billion euros, showing an annual growth of 7%.
ARTICLE SUMMARY
- The competent authority fined EUR 150,000 in an e-shop for non-delivery of products and misleading.
- The «Withdrawal button» (Withdrawal Button) becomes mandatory for e-shops, service providers such as energy and water, digital content and financial services suppliers, strengthening consumer rights.
- The new electronic function must bear a clear indication, be constantly available and easily accessible. The consumer shall exercise his right in time if he uses it within the 14-day legal period.
- The consumer is not obliged to justify his decision and is not financially burdened except with the cost of reimbursement. Access to the button must be direct, even for purchases without an account.
Their growing penetration, however, was accompanied by an increase in complaints about illegal or abusive behaviors and practices from electronic stores. It is indicative that 36.6% of the reports received by the Consumer Advocate in a single year concerned distance purchases.
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The «Magic» button
Only recently, the market surveillance authority imposed a fine of EUR 150,000 on an e-shop, following the «rain» complaints of non-delivery of products for which consumers had already paid, of non-returning money in cases of failure to execute orders, of misleading picture of the availability and delivery time of the products.
The question is, however, not to do so. «damage», commonly the consumer-customer can withdraw in time, by triggering insurance forks. And somewhere here comes our... «Magic» Retirement button, which must now be mandatory in all product contracts (e-shops) or services to consumers (and for the provision of financial services). In particular, they should have an electronically active withdrawal function – Withdrawal Button:
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- e-shops,
- service providers, for example, supply of water, gas, electricity or district heating to the extent that these products are provided on a contractual basis;
- suppliers of digital content not supplied to a physical medium or digital service to the consumer and the consumer shall provide or undertake to provide personal data to the supplier;
- suppliers of financial services.
The new electronic function must bear
the indication: «Click here to withdraw» or other equally clear; and
legible wording. At the same time, it must:
- be constantly available throughout the withdrawal period,
- visible on the website or application;
- be easily accessible to the consumer,
- allow the consumer to send an electronic withdrawal declaration.
The consumer shall be deemed to have exercised the right of withdrawal within the legal period if he has used Withdrawal Button before the expiry of that period in accordance with the law, i.e. 14 calendar days.
ADE: Checks on e-shops for VAT theft - Cross-border sales and special schemes for small businesses
How it works
As the Electronic Trade Association points out, this new automated procedure should allow the consumer to provide or easily confirm his name, the elements of the contract/order from which he wishes to withdraw (e.g. order number or contract), the electronic means in which he will receive confirmation of the withdrawal (e.g., e-mail sales of a product or service, whether the consumer has an Account to the supplier concerned or acts as a Visitor, as appropriate).
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Attention! In no case does the consumer have to justify his decision, and he should also have a charge for the exercise of the right (the supplier is entitled to charge the consumer only with the cost of reimbursement, depending on his commercial policy). Therefore, a field that would involve «reason for refund» may only be optional (and explicitly and clearly indicated), but should not be a condition for the submission of the withdrawal.
The operation of Withdrawal Button shall be clearly visible and easily accessible throughout the withdrawal period. Practically, the selection may be shown indicatively:
- in the website/application footer,
- as a specific indicator – button when entering the Website/apply,
- on the page of the order,
- in Section «My orders» the Consumer Account,
- on a special page «Exercise of a right of withdrawal»,
- the customer service module.
It should be noted that the undertaking must provide for
corresponding process for marketable markets without creation
Account from the customer – i.e. via guest check out (e.g. access
can be done with the order number and email of the client or via
other secure link). In addition, the consumer should be required to take the necessary measures.
create an account, call customer service or
first speak with a representative, cannot be justified as an additional procedure,
as the withdrawal button must be accessible and available for
fast and easy use of operation without having to exercise difficult
the right.
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