The COVID-19 pandemic has brought about radical changes in the way we work, the way we interact , and even the way we consume. In this context, e-commerce is one of the indispensable tools to adapt and keep the economy active.
Thus, e-commerce is promoting a growing dependence on its services among existing online users and those who previously doubted its effectiveness or simply did not use it, as is the case of older and less experienced consumers who, out of necessity, are also using e-commerce.
In this current scenario, it is convenient to note that according to the Consumer Protection Code – Law 29571, there are consumer rights that suppliers must observe when offering their products and/or services through e-commerce and intermediation platforms (delivery or delivery by third parties). Let us then see what rights consumers have when acquiring a product electronically:
1.- Truthful information¹:
The consumer must have access to truthful, timely and simple information, and to this end, suppliers must be transparent in providing information on the characteristics of the services and products they make available.
The terms and conditions of contracting must be clear and made available to the consumer, and must be easily visible when offered through digital intermediation platforms or platforms managed directly by suppliers, so that users can make better decisions.
Among other relevant information:
a) Number of units or stock of the product.
b) Product delivery date.
c) Availability of delivery areas.
d) Home delivery costs.
e) Return or exchange policy.
f) Total price information.
g) Accessible channels for inquiries and complaints.
h) Company permits to operate and deliver products.
i) Issuance of proof of transaction and subsequent issuance of proof of payment for the product or service obtained.
j) Compliance with the standards of care in the transportation and delivery of the product.
2.- Protection of personal data²:
The protection of the consumer’s personal data is another aspect related to electronic commerce (products or services), constituting more than a right of the consumer, a duty or obligation of the supplier to safeguard such information. Indeed, when making a purchase of a good or service through digital channels, we may be authorizing suppliers to use our personal data and even our banking information, which as we know must be reserved.
It is important to highlight the difference between the authorization of the processing and use of personal data to use the platforms, and the authorization for the remission of advertising. In both cases, the provider must inform consumers of the valid channels to withdraw their consent. In the case of commercial promotions, consumers are advised to read in detail the conditions and restrictions, as well as the information related to the treatment of their personal data, since they could be authorizing the use of such data.
3.- Use of means of payment³:
The consumer has the right to be granted by the supplier the possibility of accessing different means of payment (credit card, debit card, etc.), and these means must be the safest for the consumer through reliable platforms, since important card information and personal data of the consumer will be entered.
The supplier must clearly inform if there are differences in the price of the product or service offered, depending on the payment with credit cards or other means; for this purpose the consumer must check that the amount charged to his account corresponds to the amount of the transaction made, by checking the platform of the financial institution with which the transaction was made.
It is important to avoid using cash, as far as possible, opting for other safer means of payment; it is also important to buy on recognized websites and where the supplier can be clearly identified in the behavior of the product or service provided.
4.- Channels of attention for claims 4:
The Complaints Book is a consumer’s right to any observation that does not conform to the product or service offered. In the case of purchases through digital platforms, these must have a link that directs to the virtual Complaints Book and the automatic sending to the email indicated by the consumer.
The supplier must clearly inform if there are differences in the price of the product or service offered, depending on the payment with credit cards or other means; for this purpose, the consumer must check that the amount charged to his account corresponds to the amount of the transaction made, reviewing the platform of the financial institution with which the transaction was made.
It is important to avoid using cash, as far as possible, opting for other safer means of payment; it is also important to buy on recognized websites and where the supplier can be clearly identified in the behavior of the product or service provided.
4.- Channels of attention for claims 4:
The Complaints Book is a consumer’s right to any observation that does not conform to the product or service offered. In the case of purchases through digital platforms, these must have a link that directs to the virtual Complaints Book and the automatic sending of the email indicated by the consumer.
The management of claims and queries through Complaint Books or the supplier’s own systems must be informed to the consumer, either through the channels of supply of products and services, social networks or instant messaging services.
In the case of consumption for delivery applications, consumers must be previously informed of the scope of responsibility of the supplier, since generally these services are platforms that connect a consumer with a third party that takes the product to his home and, many of these companies are not domiciled in Peru. A situation that consumers should be aware of in the face of an eventual claim or complaint.
CONCLUSIONS:
The use of electronic commerce is convenient and necessary in these times, since it allows through the use of technology to satisfy consumption needs and thus keep the economy active; even more so if this tool allows the social distancing that as a result of Covid-19, there is an obligation to comply.
Although for some consumers, this tool may be totally new and, for others it means a greater use of technology; nevertheless, electronic commerce must watch over the rights of consumers and demand compliance with the obligations of suppliers (such as those already discussed), so that the consumer relationship is carried out in a satisfactory manner.
Finally, it should be remembered that in the event of any claim or observation regarding the product or service contracted in electronic commerce, the consumer may access the National Institute for the Defense of Competition and Protection of Intellectual Property – INDECOPI, in order to safeguard their rights.
Article V of the Preliminary Title (3) Principle of Transparency; Article 1 literal b) of the Consumer Protection Code.
2. Law 29733 – Personal Data Protection Law and its regulations.
3. Article 7 of the Consumer Protection Code.
4. Article 150 of the Consumer Protection Code.
