Happy e-Shopping: Consumer rights and protection on online transactions

Published in Daily Tribune on December 25, 2020
by: Glorydee Comparativo

Gift-giving in the yule season is one tradition that most Filipinos truly enjoy.

Regardless of economic status, Filipinos make sure that they have something to share this time of the year.

While actual mall shopping is still an option, fear of the Covid pandemic has forced many to explore online shopping.

With countless offerings on various social media and e-commerce portals, many have discovered the value and convenience of online shopping.

Unfortunately, online consumers are easy prey for less than scrupulous vendors who use their electronic store fronts to take advantage of the naive shopper.

Some employ false advertising to entice online shoppers to hastily click the purchase box only to be disappointed when they later receive delivery of a product different from that advertised.

There are also cases of deliveries of wrong or defective parcels or worse, some do not receive anything at all despite full payment for items purchased.

To avoid these disappointments, online consumers should be mindful of their online transactions and always keep in mind the buyer beware principle.

Victims of online purchase irregularities may file complaints before the Department of Trade and Industries (DTI) via email, details of which can be viewed at the DTI website.

Republic Act (RA) 7394, the Consumer Act of the Philippines, provides protection against deceptive, unfair and unconscionable sales acts and practices whether they occur before, during, or after the transaction.

Under this law, any act or practice shall be deemed deceptive whenever the producer, manufacturer, supplier or seller, through concealment, false representation or any other forms of fraud,

induces a consumer to buy/lease a product or service.

Likewise, RA 8792, the Electronic Commerce Act, aims to facilitate online dealings, transactions, arrangements, contracts and exchanges and extends the coverage of RA 7394 to transactions made with the use of online portals or medium.

With the increasing number of online transactions, personal data of consumers are also now vulnerable to security risks. RA 10173, the Data Privacy Act, ensures that personal information in information and communications systems in the government and in the private sector are secured and protected.

Also, RA 10175, the Cybercrime Prevention Act, in conjunction with the Revised Penal Code and other special laws, punish any kind of crime and anomaly in cyberspace.

The foregoing laws regulate the country’s online industry relative to payment options and data secrecy, encourage transparency from traders, and boost consumer rights against online fraud.

Some rights accorded and available to online consumers are the right to clear information, which mandates online sellers to provide detailed information of the products they peddle, the main characteristics of the product or service thereof, and the total cost of the product, including all taxes and delivery charges.

Online consumers also have the right to cancel unreasonably delayed deliveries and to receive refund for non-delivery of goods within the agreed time; warranty rights provided under the warranty provisions of the Civil Code; and right to redress for faulty goods.

Hence, if the items bought online turn out to be faulty or not as advertised, the consumer has the same legal rights for reparation and/or damages as if the items were bought from a physical store.
Nevertheless, nothing beats the vigilant online shopper.

A lot of times, reading product and seller/other buyer reviews and Internet search on any prospective purchase to ensure the authenticity of products and legitimacy of sellers is all it takes to prevent or avoid any online transaction irregularities.

If after all precautions, consumers still encounter anomalies and fraud in online purchases, they may consider seeking help from legal experts to enforce their rights and protection afforded to them by laws.

Celebration this holiday season and gift giving should be merry and joyous without fear and worries of being prey to online scammers.