The government of Russia at session on Thursday, March 9, approved the amendments to the law “On consumer rights protection” concerning commodity online aggregators (which include “Yandex.Market”, “Товары.Mail.Ru” and owned by Rambler & Co service Price.ru), is spoken in the message of Rospotrebnadzor. In the near future the document can be submitted to the Duma.
The bill (text is at the RBC) introduces a definition of “aggregator of goods (services)”. Such companies will be obliged to inform the consumer information about yourself and the seller (name, address and state registration number of the legal entity or individual entrepreneur). For false data on the goods or the seller will be responsible the services, for compliance with other consumer rights the seller is responsible.
An aggregator, for example, will be obliged to return the amount for the purchase within ten days from the date of the claim from the consumer, if the goods are not delivered within the specified period. Also the buyer can get money back if the service was provided incorrect information about the product.
Commodity aggregators are not real sellers of goods or providers of services but often these services receive a fee from consumers. In this work the aggregators are not regulated. “They actually seem to be outside the jurisdiction of the legislation on protection of consumer rights, do not bear the burden of observance of the rights of consumers to information about the seller, sold goods and services”, — stated in the message of Rospotrebnadzor. It is noted that since 2012 the number of complaints on distance selling in the Department has increased 2.5 times and amounted to more than 34 thousand for the entire period.
As told RBC representative of “Yandex.Market”, the current version of the bill differs from the version that was agreed in the summer of 2016 with the business community and which has been granted a positive opinion from various ministries. According to him, the document “not just taking into account the interests of consumers, but were balanced from the point of view of protection of competition and the need to support small business.”
“However, already now it is obvious that under this version of the innovations do not take into account the role of the aggregator in providing the sale of goods by the seller to the buyer. In fact, the service acts as information broker between them, but it is proposed to impose excessive liability to the consumer for the reliability of the transmitted information about the product. Thus, the aggregator is actually equivalent to the merchant,” — said the representative of “Yandex.Market”. In his opinion, several provisions of the draft also creates a wide field for abuse by the consumer of their rights and generate “a serious and unwarranted financial risks for aggregators”.
Director of e-Commerce Mail.Ru Group Andrey Efimochkin told RBC that at the moment, the service of holding “the Goods Mail.Ru” do not fall under the definition of commodity aggregator, formulated in the bill. “However, as industry representatives, we believe that the project is too hard because it’s responsible for the actual damage caused to the consumer by the seller, must bear a freight aggregator, while, in our opinion, it should be borne by the seller,” he said.