E-commerce store regulations
Online Store Regulations - Ukraine. Expansion into the Ukrainian market.
Despite difficult economic conditions and the ongoing state of war, Ukraine's e-commerce market is developing at an impressive pace and is becoming one of the pillars of the country's digital economy. More and more consumers are shopping online, and the state is gradually adapting its laws to the realities of e-commerce and European standards.
In July 2023, a new law on consumer protection was adopted, which will completely replace the existing regulations. The new regulations are intended to harmonize Ukrainian law with European Union regulations, including Directive 2011/83/EU. However, their entry into force has been postponed – they will only apply after the end of martial law, until which time the existing regulations will remain in effect.
Regulations of the online store in Ukraine
Online store terms and conditions (" Правила продажу ") are the fundamental document that governs the relationship between seller and consumer. They should clearly define the terms of sale, payment, delivery, withdrawal from the contract, and complaints.
Sellers operating on the Ukrainian market should know and apply, above all:
- Про захист прав споживачів – the Consumer Rights Protection Act , specifying information obligations, a minimum warranty (2 years, and for construction products even 10 years) and a 14-day right of withdrawal from the contract (extended to 90 days if the seller has not provided the required information on a durable medium).
- Про електронну комерцію – the Electronic Commerce Act , which regulates the conclusion of distance contracts, specifies the required identification data of the entrepreneur, the method of confirming the order and information obligations.
- For personal data protection – the Personal Data Protection Act , partly modeled on the GDPR.
- About the facts about the facts "поживачів" - Implementing Regulation to the Act on the Protection of Consumer Rights , which specifies, among others, a catalog of goods covered by the "exchange fund" and exceptions to the right of withdrawal, which are broader than in the EU.
Supervision over compliance with consumer law is carried out by the State Service of Ukraine for Food Safety and Consumer Protection ( Держпродспоживслужба ), which performs a function similar to the Polish Office of Competition and Consumer Protection – it monitors the market and responds to unfair commercial practices.
Consumer rights to withdraw from the contract and make complaints
Right of withdrawal
A consumer may withdraw from a distance contract within 14 days of receiving the goods or confirming the required information from the seller. Returning the goods is tantamount to withdrawing from the contract. However, exceptions are broader than
in EU countries and include, among others, custom-made goods, open-source media, press, lotteries, as well as certain good quality goods that cannot be returned for hygienic or practical reasons (e.g. rubber toys for children, live animals).
Complaints and seller's liability
If defects are discovered during the warranty period, the consumer has the right to demand:
- price reduction,
- free repair within a reasonable time,
- compensation for losses incurred.
They may also demand a replacement of the goods or termination of the contract and a refund, especially if the product is counterfeit or has significant defects. The seller is obligated to provide a so-called "replacement fund" – a stock of goods intended to replace the complained products.
If the complaint is not resolved within the time limit (e.g. 14 days for repair, maximum 2 months for replacement), the consumer may demand compensation – 1% of the value of the goods for each day of delay – and refer the case to Держпродспоживслужба - the State Service of Ukraine for Food Safety and Consumer Protection.
Personal data protection
Although Ukraine is not a member of the EU, its personal data protection law draws heavily on the GDPR. Online stores should prepare a privacy policy that clearly outlines what data is being processed, for what purpose, and on what legal basis, as well as consumer rights.
Why regulations are crucial
Transparent terms and conditions, compliant with Ukrainian law, build customer trust and reduce the risk of disputes. They should be written in Ukrainian, be legible and easy to understand, and their content should be no less visible than foreign language versions in a multilingual store.
Importantly , Ukrainian regulations go even further than EU standards, explicitly prohibiting "hiding" the Ukrainian version through smaller font size, poorer color contrast, or less prominent placement on the website. The Ukrainian version must be fully equivalent and as easily accessible as other language versions.
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