Section 23Sec./Art. 23

Obligations of E-retailers and Online Merchants. - An e-retailer or online merchant of digital or non-digital goods and services shall exercise the following responsibilities:

(a) Indicate the price of goods and services offered consistent with Article 81 of Republic Act No. 7394;

(b) Ensure that the goods are received by the online consumer:

(1) In the same condition, type, quantity, and quality as described and stated and, in applicable circumstances possess the functionality, compatibility, interoperability, and fitness for the purpose for which they were intended;

(2) In the same condition, type, quantity, and quality of a sample, picture, or model of the goods shown by the e-retailer or online merchant upon request of the online consumer, or of additional descriptions or specifications provided by the e-retailer or online merchant upon inquiries made by the online consumer; and

(3) It must also be fit the particular purpose for which the online consumer requires them, as communicated to the e-retailer or online merchant at the time of the perfection of the contract, and which the e-retailer or online merchant has accepted;

(c) All the goods shall:

(1) Be delivered together with its accessories, including all other packaging, installation inclusions, any user manual, or other instructions as advertised or described, if applicable, with the relevant information stated in the packaging, printed or written in Filipino and/or English; and

(2) Possess qualities and performance capabilities, including functionality, compatibility, and interoperability, that are standard and normal in goods of the same type, which the online consumer may expect given its nature and considering any public statement or testimonial made by or on behalf of the e-retailer, online merchant, or other persons in earlier links of the chain of transactions, including the producer, unless the e-retailer or online merchant shows that:

(i) The e-retailer or online merchant was not, and could not have been, reasonably aware of the statement in question;

(ii) By the time of the conclusion of the contract, the statement had already been corrected; or

(iii) The decision to buy the goods could not have been influenced by the statement.

(d) Where the e-retailer or online merchant is a digital goods or services provider, it shall ensure that the digital goods or services have the qualities and performance features, in relation to functionality, compatibility, interoperability, accessibility, continuity, and security, which are standard and normal for digital goods or services of the same type as advertised or described.

(e) Where the transaction involves a digital platform that offers a performance of a service, the e-retailer or online merchant shall ensure the completion of the same in accordance with the contract and as advertised.

(f) An e-retailer shall:

(1) Publish on its homepage the following:

(i) Its corporate and trade or business name, as may be appropriate;

(ii) Address of the physical shop or place of business;

(iii) Contact details of the e-retailer, which must include a mobile or landline number and a valid e-mail address to ensure direct and efficient communication with online consumers; and

(iv) In instances when the service offered by an e-retailer is connected with the exercise of a regulated profession, the details of membership in any professional body or similar relevant institution with which the e-retailer is registered or otherwise is a member of.

The foregoing shall be submitted to the Bureau and must be accompanied by at least one (10 government identification card or registration document as valid proof of identity.

(2) Take the necessary precautions to protect the data privacy of consumers, at all times, in accordance with Republic Act No. 10173, and comply with the minimum information security standards set by the Bureau, NPC, and other issuances of relevant government agencies. E-retailers and online merchants shall be covered by the provisions of Republic Act No. 10173 and issuances by the NPC.

(g) Where the e-retailer or online merchant is engaged in delivery service, it shall have the right to require its online consumers to provide at least a valid e-mail address or mobile phone number before entering into a transaction,

(h) E-retailers or online merchants shall issue paper or electronic invoices or receipts for all sales.

(i) E-retailers shall have in place an accessible and efficient redress mechanism for handling complaints from their clients.