Categories
Uncategorized

Return sales special contract in mail order

Instead of mail-ordering sales having a cooling-off system, it is obliged to describe matters such as the possibility of return such as a special return policy, conditions such as the return period, and the burden of shipping costs. This asks the consumer to recognize and confirm whether or not the product can be returned in advance so that the consumer can check that and then select a product or supplier.

This return policy is not included when a return is possible but is required even if it cannot be returned. If this obligation is not fulfilled, and the return contract is not included in the advertisement, you can return or cancel the contract within 8 days of receiving the goods. Even in that case, the consumer will be responsible for shipping costs. 
This return process is a system close to the cooling-off that allows 8 days of return and is accepted only when the return contract is not described. If the return contract is described, such a cooling-off is performed. I can not do it.

General mail order

In principle, in the description of the return policy, it is basically the description for each product, but even if the return policy is displayed collectively on the page, which is the matter related to returns, it is recommended for consumers. If it is easy to understand, this kind of special return policy is also valid. However, if the link to this return special contract page is difficult to understand, or if the product page contains a description of the return special contract, it is buried in other description items such as the application method and is difficult to understand. It is considered.

Also, if the seller has the idea of ​​accepting an 8-day cooling-off offer, it will be a breach of the Specified Commercial Transactions Law if the return contract is not stated. It is not possible to conduct business without listing.

The purpose of the similar system for mail-order cooling-off is that mail-order sales can basically be handled for return goods close to the cooling-off, but if the contractor fulfills the obligation to display a return contract according to the law, such benefits In that form, the trader is exempt from the cooling-off obligation and the consumer cannot do the cooling-off. 
In addition to such advertisements, online mail-order return contracts are obliged to include a return contract on the final application screen. The return contract is effective only after this advertisement and the final application screen is displayed. Even if it is displayed on either side, Law Chichigami is not recognized as a return contract, so in this case, you can do a return treatment similar to cooling off. The merchant must then accept a cooling-off offer from the consumer within 8 days. In this case, the postage is a consumer burden.

The reason for requesting a return contract on the final application screen on the Internet is not necessarily that the consumer purchases via the top page of the sales site or the advertisement page of the return contract. There is a possibility of oversight. At that time, the return contract will be displayed on the final application screen that the consumer must confirm. Legally, it is not decided to display on the final application screen, but it is considered to be the display to operate the electronic computer that will be the application for the sales contract, so this is considered the final application screen. 
What the final application screen indicates is generally an order confirmation screen displaying the product name, quantity and amount, or the screen page where the application button is pressed at the end. If the page is divided in the application process, the order confirmation screen, name and address entry screen, payment method selection, confirmation screen, and application confirmation button, where the final application screen hits Any page can be considered legally meaningful, so it can be said that even if a return contract is displayed on the first page, it is valid.

Leave a Reply

Your email address will not be published. Required fields are marked *