How to open an online store CORRECTLY: modern e-commerce?

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.

The main message of this publication is that it is not enough just to create an online store online, but it is necessary to bring its activities in line with current legislation.

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.

In accordance with the requirements of the Law of Ukraine “On E-Commerce”, it is seen that certain information must be posted on the website of the online store. Such information is:

  • full name of the legal entity or surname, name, patronymic of the natural person – entrepreneur.
  • the address of the enterprise or place of registration and the place of actual residence of the sole proprietor;
  • email address;
  • identification code for a legal or natural person – entrepreneur;
  • if the activity involves obtaining a license – it is necessary to indicate information about such a license, in particular the series, number, validity and date of issue;
  • the procedure for forming the final value of goods for the inclusion (non-inclusion) of certain taxes in the value of goods;
  • information about the cost of delivery.

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.

The Law on E-Commerce stipulates that in addition to the mandatory conditions, other conditions may be provided, in particular:

  • the procedure for concluding the contract (for example, it is stated that prepayment is mandatory, but such payment is made after the seller confirms receipt of the order);
  • the possibility and procedure for making changes to the contract (for example, the possibility of replacing the goods with a similar one, in the absence of the ordered in the warehouse of the seller);
  • the method and procedure of acceptance of the proposal to conclude an electronic contract (for example, acceptance of the proposal is carried out by sending a letter by e-mail or filling out a form);
  • the procedure for exchanging information between the buyer and the seller during the performance of the contract (for example, information on correspondence addresses and response times);
  • the procedure in which the buyer erroneously or incorrectly provided information about the conclusion of the contract as such (erroneously sent the order) or about some of its conditions (for example, incorrectly specified the delivery address).

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.