E-commerce is one of the main elements of e-business and covers any form of business transactions, which are concluded by electronic means instead of physical exchange or direct physical contact. The current trend is the transition of business to the online sphere, taking into account the need for almost round-the-clock processing of customer needs.
E-commerce is a term that refers to the use of the Internet for commercial transactions between businesses or between business and consumers.
The main structural element of the e-commerce system is the online store.
The extraterritoriality of the Internet space and effective mechanisms for promoting goods in new markets provide ample opportunities for business owners for development.
The creation and operation of online stores in Ukraine until a certain stage was almost not regulated by law, and a complex system of identification allowed to remove business entities from the field of view of fiscal and regulatory authorities. It is for these reasons that the idea of ”free e-commerce” from state supervision and influence continues to exist.
Knowing the legal basis of the online store is extremely important for both business owners, who must ensure compliance with legal requirements during the organization of trade (this will help prevent possible violations during inspections by regulatory authorities), as well as ordinary consumers to know how protect your rights when buying goods in the online store. This is extremely important, because with the development of Internet technology, the number of transactions concluded on the Internet is growing rapidly.
Implementing the request of a wide range of entrepreneurs and consumers to settle relations for the purchase of goods, works or services on the Internet, the Law of Ukraine “On e-commerce” was adopted and is in force, which defines the features of electronic transactions and e-commerce.
At the same time, in addition to this Law, the activities of online stores are regulated by general provisions of law, such as the Constitution of Ukraine (which enshrines the general right to do business), Commercial and Civil Codes of Ukraine, Law of Ukraine “On Consumer Protection”, About advertising »,« About electronic documents and electronic document circulation »,« About payment systems and money transfer in Ukraine »,« About financial services and state regulation of the markets of financial services »,« About protection of personal data », etc.
Having a business model, the entrepreneur retransmits it to the online space by doing the following:
1. Registration or purchase of a domain name for a future online store.
2. Choosing a hosting provider for the operation of the web resource.
3. Structuring and information content of the web resource (images, information, design, etc.).
4. Launch a web resource and promotion on the Internet in order to find and reach your consumer.
It is possible to create an online store both on your own with basic experience in using existing online platforms with full functionality of services for the development of e-commerce, and by involving specialists in web design and web technologies, provided you need an exclusive product (online store).
The first steps of any business activity, including the activity of an online store, begin with state registration.
Each online store should have a specific entrepreneur or company, not just an individual. Therefore, the first requirement for a person who opens an online store is the registration of a legal entity or a sole proprietor in the prescribed manner. At the same time there is a registration as a taxpayer in the relevant tax authorities.
The operation of an online store without state registration is an administrative violation for which liability is provided – this must always be remembered.
According to the legislation of Ukraine, the activity of selling goods, works or services through the online store is not subject to licensing. Therefore, when opening an online store, you do not need to obtain a license.
At the same time, it should be remembered that certain types of business activities carried out by the online store may still fall under the Law of Ukraine “On licensing of economic activities” and other regulations governing the state regulation of certain types of economic activities.
Such activities subject to licensing include, in particular, retail trade in alcohol, medicines, and any business activity carried out both on the territory and outside the territory of Ukraine.
Liability for business activities without a license is the same as for activities without state registration.
A trade patent is not required for online stores.
Indication of information about the name, address, contact information is essential to the consumer to fully understand who is the counterparty to the transaction, to whom you can contact with the requirements, to organize proper interaction.
Certain conditions that will be mandatory components of the electronic contract between the buyer and the seller may be specified in a separate electronic document (file) to which the buyer refers.
After concluding the contract on the Internet, the buyer must receive from the seller prompt confirmation of receipt of the order, as well as specifying the terms of the contract to prevent further unilateral change. Such confirmation can be considered, for example, an e-mail with confirmation and indication of the purchased goods, its characteristics, prices, terms of payment and delivery, as well as links to other terms of the contract, which may be posted on the website of the online store.
In addition to confirmation of receipt of the order, upon fulfillment of contractual obligations (for example), the seller must provide confirmation of the transaction, which may be an electronic document, receipt, commodity or cash receipt, ticket, coupon. However, such a document must contain the procedure for exchanging or returning the goods, refusal of work or service, the name of the seller, address and contact details, as well as warranty obligations.
It should be remembered that the relationship between sellers and buyers in online stores is fully covered by the Law of Ukraine “On Consumer Protection”. In particular, the activities of the online store must be carried out in compliance with the right to use intellectual property. property and copyright. This issue has become especially relevant recently.
An important point in the organization of the online store, which helps to carry out its activities in compliance with the law, is the awareness of possible adverse consequences provided by current regulations in terms of civil, administrative and criminal liability.
Compliance with the requirements of the LAW in the implementation of e-commerce is the key to the successful operation of the business model in the offline and online space.