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Feature Note / Newsletter

E-Commerce Regulations: query available until November 4, 2020

e-commerce regulations , Sernac
20 October, 2020

The Ministry of Economy, Development and Tourism offered a query regarding the draft e-commerce regulations. This query will be available until November 4, 2020.

Pablo Zumelzu

Associate

Alessandri

Safeguarding the transparency and quality of the information delivered to online consumers, to ensure maximum information at the time of making their online purchases are the new ecommerce regulations objectives.

1. Terms and Conditions Consent.
The acceptance of the terms and conditions offered by the supplier on an e-commerce platform by the consumer must be pure and simple, having access to the general conditions of the contract. Silence does not constitute acceptance in acts of consuming.

2. Information provided by the seller.
The information provided by the seller through its website must be complete, clear, accurate and easily accessible. The above leads to the need for this to be offered in simple language, easy to understand and provided at the time prior to making the purchase of the product or the hiring of the service.
In the circumstance that sellers offer their services through the website operated by a third party, they must provide them with the information mentioned above.

3. Information about the seller.
Sellers operating through electronic platforms when offering their products or services shall provide consumers with the following information about the seller:

a) Identification of the full name of the natural or legal person.
b) Unique tax role (“Rol Único Tributario”).
c) Legal address.
d) E-mail address, telephone number or other method of contact where the consumer can be reached.
e) Method through which the seller will contact the consumer.
f) Identification of the legal representative in case the seller is a legal entity.

4. Role of the Electronic Platform Operator.
In the event that a third party offers services or products from a seller under a contractual agreement, the Operators must clearly indicate, before the purchase or contracting of the service, what their role is in the sale of the product or service and what their obligations are to the Consumer.

5. Information about the characteristics of the products or services.
Before contracting, the seller must provide in a clear and complete form the characteristics of the products offered, to ensure an informed decision by the Consumer.
Without being considered an exhaustive list, the following information is required:

a) Characteristics of the product or service.
b) Origin or place of manufacture.
c) Brand, model and sub-model of the product.
d) In case it is offered, the conventional guarantee for the acquisition of the product or contracting of the service, indicating the term of validity and its conditions.
e) Reference qualities, dimensions, color, weight, number of units that make up the product, material, relevant use and care restrictions, content and shape of the products.
f) In the case of services, a description of the services included must be provided.

6. Information on the acquisition or hiring.
Previous to the purchase, and to ensure an informed decision, sellers must provide consumers with the following information regarding the terms, conditions and total costs associated with the transaction.

a) Terms and conditions regarding payment, as well as any other costs to be covered by the Consumer.
b) Return and exchange policies.
c) Terms and conditions of the delivery, shipment, pick-up of the product or service provision.
d) Policies of the seller on the right of withdrawals.
e) The final total price of the product or service.

In relation to the total or final cost, consumers must be informed of the total value of the acquisition of the product or service, including taxes, additional transportation or shipping costs, delivery or postal charges, commissions and/or any other applicable expense to be assumed by the Consumer, all expressed in legal tender and in accordance with the system of weights and measures applicable in Chile. Where applicable, it must be broken down to indicate separately what the cost of transportation, shipping or delivery is.

7. Information on inventory and stock available.
Sellers must inform the Consumer in advance of purchase if such product or service is in stock. Otherwise, the fact that such product is not available must be clearly and visibly informed.
Once accepted this purchase must be given faithful and timely implementation of the contract.

8. Information on delivery, shipping or pick-up:
The Consumer must be informed about the ways and methods through which the products can be delivered, shipped or picked up. If it is a service, the Seller must inform the Consumer in the same terms about the way, time, forms and place or places where the service may be provided, either outside or in the Seller’s facilities.
In particular, the following information must be indicated before the contract is concluded:

a) The total cost of the shipment or delivery, detailed from the price of the product.
b) Date in which the product will be available for pick-up or time it will take to ship it.
c) Individualization of the entity in charge of delivery or shipment.
d) Channels through which the Consumer may make claims in case of delay in delivery or shipment.

9. Information regarding to right to cancell.
The presence or not of the right of unilateral termination of the contract by the Consumer must be informed in clear and simple terms, and prior to the conclusion of the contract with the Seller.

10. Information on contact support.
Sellers must provide and inform about the contact support that will allow them to ask questions, make claims, make suggestions and make changes or returns.

11. Information on Terms and Conditions.
Within the website there must be a link or document clearly visible where Consumers can consult the Terms and Conditions of the contract and which they must accept before purchasing or contracting the products and services.

12. Confirmation process of the transaction.
Previously to the price payment, a summary containing, at least, the individualization and characteristics of the product or service object of the transaction, the total price to be paid and the modality, term and person or entity responsible for the delivery or dispatch of the product or the rendering of the service must be exhibited.
When the transaction is verified, written confirmation of payment must be sent to the Consumer.

13. Regarding publicity.
The promotions, advertisements or messaging sent by electronic media by the sellers must indicate the subject or matter and the identity of the sender, and contain a valid email address to which the recipient can request the suspension of shipments, which will be prohibited thereafter.

14. Sanctions for non-compliance.
Sernac is responsible for monitoring compliance with these regulations. In the event of a breach of the provisions of this regulation, sanctions will be applied in accordance with the provisions of the law on consumer protection, with the possibility of applying the aggravating and extenuating circumstances established in this same law, including the plans for compliance whose interpretative circular was published by Sernac on 30 September.

 

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