“E-Commerce entity” means any person who owns, operates, or manages a digital or electronic facility or platform for electronic commerce, but does not include a seller offering his goods or services for sale on a marketplace on an e-commerce entity.
Scope and Applicability of E-Commerce?
All goods and services bought or sold over the digital or electronic network including digital products.
All models of e-commerce, including marketplace and inventory models of e-commerce.
All e-commerce retail, including multi-channel single retailers and single brand retailers in single or multiple formats.
All forms of unfair trade practices across all models of e-commerce provided that these rules shall not apply to any activity of a natural person carried out in a personal capacity not being part of any professional or commercial activity undertaken on a regular or systematic basis.
What are the Liabilities of marketplace e-commerce entities?
A marketplace e-commerce entity that seeks to avail the exemption from liability under sub-section (1) of section 79 of the information technology Act, 2000 (21 of 2000) shall comply with sub-section (2) and (3) of that section, l including the provision of the information technology (Intermediary Guidelines) Rules, 2011.
Every marketplace e-commerce entity shall require sellers through an undertaking to ensure that descriptions, images, and other content pertaining to goods or services on their platform is accurate and corresponds directly with the appearance, nature, quality, purpose, and other general features of such good or service.
Every marketplace e-commerce entity shall provide the following information in a clear and accessible manner, displayed prominently to its users at the appropriate place on its platform:
Details about the sellers offering goods and services, including the name of their business, whether registered or not, their geographic address, customer care number, any rating or other aggregated feedback about such seller, and any other information necessary for enabling consumers to make informed decisions at the pre-purchase stage.
Provided that a marketplace e-commerce entity shall, on a request in writing made by a consumer after the purchase of any goods or services on its platform by such consumer, provide him with information regarding the seller from which such consumer has made the purchase, including the principle geographic address of its headquarters and all branches, name, and details of its website, its email address and any other information necessary for communication with the seller for effective dispute resolution.
A ticket number for each complaint lodged through which the consumer can track the status of the complaint.
Information relating to return, refund, exchange, warranty and guarantee, delivery and shipment, modes of payment, grievance redressal mechanism, and any other similar information which may be required by consumers to make informed decisions.
Information on available payment methods, the security of those payment methods, any fees or charges payable by users, the procedure to cancel regular payments under those methods, charge-back options, if any, and the contact information of the relevant payment service provider.
All information provided to it by sellers under sub-rule (5) of rule 6.
An explanation of the main parameters which, individually or collectively, are most significant in determining the ranking of goods or sellers on its platform and the relative importance of those main parameters through an easily and publicly available description drafted in plain and intelligible language.
What are the duties of sellers in the marketplace?
No seller offering goods or services through a marketplace e-commerce entity shall adopt any unfair trade practice whether in the course of the offer on the e-commerce entity’s platform or otherwise.
No such seller shall falsely represent itself as a consumer and post reviews about goods or services or misrepresent the quality or the features of any goods and service.
No seller offering goods or services through a marketplace e-commerce entity shall refuse to take back goods, withdraw or discontinue service purchased or agreed to be purchased, deficient or spurious, or if the goods or services are not of the characteristics or features as advertised or as agreed to, or if such goods or services are delivered late from the stated delivery schedule
Provided that in the case of late delivery, this sub-rule shall not be applied if such late delivery was due to force majeure.
Any seller offering goods or services through a marketplace e-commerce entity shall:-
Have a prior written contract with the respective e-commerce entity in order to undertake or solicit such a sale or offer.
Appoint a grievance officer to acknowledges the receipt of any consumer complaint within forty-eight hours and redresses the complaint within one month from the date of receipt of the complaint
Ensure that the advertisement for marking goods or services is consistent with the actual characteristics, access, and usage conditions of such goods or services.
Provide to the e-commerce entity its legal name, principal geographic address of its headquarters and all branches, the name and details of its website, its e-mail address, customer care contact details such as fax, landline, and mobile numbers, and where applicable, it’s GSTIN and PAN details.
Any seller offering goods or services through a marketplace e-commerce entity shall provide the following information to the e-commerce entity to be displayed on its platform or website:
All contractual information is required to be disclosed by law
Total price in the single figure of any good or service, along with the breakup price for the good or service, showing all the compulsory and voluntary charges such as delivery charges, postage and handling charges, conveyance charges and the applicable tax, as applicable
All mandatory and information provided by applicable laws, and the expiry date of the good being offered for sale, where applicable
All relevant details about the goods and services offered for sale by the seller including country of origin which are necessary for enabling the consumer to make an informed decision at the pre-purchase stage
The name and contact numbers, and designation of the grievance officer for consumer grievance redressal or for reporting any other matter
Name and detail of importer and guarantees related to the authenticity or genuineness of the imported products
Accurate information related to term of exchange, returns and refund including information related to costs of return shipping in a clear and accessible manner.
Relevant detail related to delivery and shipment of such goods or services
Any relevant guarantees or warranties are applicable to such goods or services.
What are the duties and liabilities of inventory e-commerce entities?
Every inventory e-commerce entity shall provide the following information in a clear and accessible manner, displayed prominently to its users:
Accurate information related to return, refund, exchange, warranty and guarantee, delivery and shipment, cost of return shipping, mode of payment, grievance redressal mechanism, and any other similar information which may be required by consumers to make informed decisions.
All mandatory notice and information required by applicable laws
Information on available payment methods, the security of those payment methods, the procedure to cancel regular payments under those methods, any fees or charges payable by users, charge options if any, and the contact information of the relevant payment service provider
All contractual information required to be disclosed by law
Total price in single figure of any good or service along with the breakup price for the good or service, showing all the compulsory and voluntary charges, such as delivery charges, postage and handling charges, conveyance charges and the applicable tax
A ticket number for each complaint lodged, through which the consumer can track the status of their complaint.
No inventory e-commerce entity shall falsely represent itself as a consumer and post reviews about goods and services or misrepresent the quality or the features of any goods or services.
Every inventory e-commerce entity shall ensure that the advertisements for marketing of goods or services are consistent with the actual characteristics, access, and usage conditions of such goods or services.
Any inventory e-commerce entity which explicitly or implicitly vouches for the authenticity of the goods or services sold by it, or guarantees that such goods or services are authentic, shall bear appropriate liability in any action related to the authenticity of such good or service.
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