New Consumer Protection Measures in Electronic Commerce

Given the constant increasement of e-commerce the Colombian Consumer Protection Statute, was updated to discipline the online commerce in Colombia.

For this purpose, the Colombian Consumer Protection Statute was modified in the following issues:

1. The time granted for the refund to consumers and the moment from which this term initiates.
   1. Initially the term was 30 days, this term was modified to 15 days.
   2. Also, the term no longer initiates from the moment in which the right of withdrawal is exercised, but when the following obligations are fulfilled: i) providing the correct and complete information required by the supplier to carry out the process, ii) returning the product.
2. Modifications are included regarding the obligations of suppliers and vendors located within Colombia who use e-commerce, as follows:
   1. Regarding the obligation to provide information, the previous regulation was limited exclusively to products. With the reform, services are now included. Additionally, it establishes that relevant information to be provided must include usage and care restrictions, and as for services, a description of the scope of service must be offered.
   2. For specially regulated products, the minimum required information must be included in the electronic publication. However, food products are an exception, and it is not necessary to include the manufacturing batch number or the expiration date. Nevertheless, such products must be delivered prior to their expiration date.
3. The delivery date of the order. The order must be delivered within the timeframe communicated to the consumer prior to completing the transaction. If no timeframe is specified, delivery must occur within 30 calendar days. In the event of unavailability, a second delivery date may be agreed upon.
4. Any refund must be made at the preferred method selected by the consumer.
5. The definition of a contact portal was included as the electronic platform through which the consumer relationship is conducted.
6. Finally, the Superintendence of Industry and Commerce was granted authority to order the necessary measures to prevent harm or detriment to consumers resulting from violations of consumer protection regulations, including those related to electronic commerce.