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    Business Law ppt

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    Business Law ppt

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    13 views22 pages

    Business Law ppt

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    warriorpower000

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    © All Rights Reserved
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    INTRODUCTION

    GROUP M E M B E R S :-
    1 . SOM IL NIRANJAN(482) - INTRO

    2. HA RI HARA(608) - ISSUES

    3 . A N O O P RAWAT(361) - SOLUTION

    4.SHUBH SONI(363) - SUGGESTION

    5 . B H A V E S H BHIRUD(365) - C O N C L U S I O N
    T OP IC

    CONSUMER PROTECTION IN
    ONLINE RETAIL CONTRACTS: A
    LEGAL EVALUATION
    Introduction
    ONLINE RETAIL C O N T RA C T S :

    LEGALLY BINDING A G RE E M E N T S BETWEEN


    BUYERS A N D SELLERS OVER E-C O M M E R C E
    PLATFORMS.

    RE L E V A N C E OF C O N S U M E R PROTECTION:

    -ve RISK OF FRAUD, UNFAIR TERMS, O R L A C K OF


    CLARITY.
    +ve RISING ONLINE SHOPPING TRENDS.
    I M P O R T A N C E OF LEGAL FRAMEWORK:

    -- ENSURES TRUST IN ONLINE T RA N S A CT I ON S.

    -- B A L A N C E S INTERESTS OF C O N S U M E R S A N D
    BUSINESSES.
    Consumer Rights
    Current Legal Frameworks

    1. International Laws:

    UN Guidelines for Consumer Protection (focus on e-commerce).


    General Data Protection Regulation (GDPR) protects consumer data.

    2. India’s Laws:

    Consumer Protection Act, 2019:

    E-commerce rules and rights for online buyers.


    Penalties for unfair trade practices.

    IT Act, 2000:

    Legal recognition for electronic contracts.


    E-commerce and Consumer
    Protection in India
    Chawla andKumar(2022)analyze India's e-commerce
    laws, highlighting that the ConsumerProtection Act,2019
    andE-commerceRules,2020 effectively safeguard online
    consumers. Keyfactors like secure systems, transparency,
    andstrongcustomerservice boost trust andloyalty.
    Cash2onDelivery remains the preferred payment option,
    with regulations driving sustainable e-commercegrowth.

    Chawla, N., &Kumar, B. (2022). E-commerce and consumer protection in India: the
    emerging trend. Journal of Business Ethics, 180(2), 581-604.
    Consumer protection: The
    importance of fair and
    reasonable consumer contracts
    Patricia O’Sullivan (2017)highlights gapsin NewZealand's
    onlineconsumerprotection laws,critiquingunfair
    practices like “contract ondispatch” terms andinvalid
    incorporationof terms. Sherecommendsreforms to
    strengthen contract formation andallow consumers to
    d2irectly challenge unfair terms,boostingtrust in online
    shopping.

    O’Sullivan, P. (2017). Online Shopping: Pearls and Pitfalls for New Zealand
    Consumers. PhD Thesis, University of Auckland.
    Electronic Contracts and Consumer
    Protection: Does Legislation Provide
    Adequate Consumer Protection
    Parul Sinha (2017)examines whether Indianlaws
    adequatelyprotect consumers in e-commerce,focusingon
    issues like defective products,unfair terms,poorservice
    quality,andsecurity concerns in electronic contracts. The
    paperhighlights gapsin the existing legal framework and
    su2ggests reforms,including insights from international
    practices, to better addressthese challenges.
    Sinha, P. (2017). Electronic Contracts and Consumer Protection: Does
    Legislation Provide Adequate Consumer Protection. Bharati
    Law Review,(April-June), 12-30.
    Measures of the principle of good
    faith in european consumer
    protection and islamic law, a
    comparative analysis
    Tiziana RumiandAngelo Viglianisi Ferraro (2020) analyze the
    EuropeanDirective 2011/83/EU,aimedat harmonizingconsumer
    andcontractual lawsacross EUmemberstates, andits
    implementation in Italy via Legislative DecreeNo.21/2014.The
    stud2 y critiques the effectiveness of key consumerprotections
    like the "information duties" and"right of withdrawal,"
    highlighting challenges andambiguities in the Italian context.

    Rumi, T., &Ferraro, A. V. (2020). Consumer Protection and New Contract Law in the
    European Union and in Italy. Journal of Liberty and International Affairs, 6(1), 87-99.
    Harmonization of the Legal
    Framework f o r Online Arbitration

    MokhinurBakhramova(2024) discusses the harmonization of


    onlinearbitration frameworks asatool for resolving disputes in
    adigital environment. Unliketraditional court systems, online
    arbitration providesAlternative DisputeResolution (ADR)
    mechanisms that emphasize confidentiality, speed,impartiality,
    andglobalenforceability. Theintegration of information
    techn2ology plays avital role in ensuringefficient andaccessible
    dispute resolution.

    Bakhramova, M. (2024). Harmonization of the Legal Framework for Online Arbitration.


    International Journal of Law and Policy, 2(2).
    ISSUES:-
    1. Ambiguity in Terms and Conditions: Many online contracts are written using
    overly complicated language or hidden fine print, making it difficult for consumers
    to fully comprehend their rights and responsibilities.

    2. Deceptive Business Practices: Some sellers on online platforms engage in


    unethical practices, such as false advertising, misleading pricing, or manipulating
    product ratings to attract customers.

    3. Breaches in Data Privacy and Security: Online retailers collect significant


    amounts of consumer data but often fail to ensure proper protection. This data
    may be improperly shared, sold, or left vulnerable to cyberattacks.
    4. International Legal Conflicts in Cross-Border Transactions: When
    transactions involve sellers from different countries, consumers face
    challenges due to differences in consumer protection laws and unclear
    jurisdiction for legal disputes.

    5. Inefficient Complaint Resolution Mechanisms: Many online


    platforms do not provide accessible or responsive grievance redressal
    systems, leaving consumers frustrated and without timely resolutions.
    Solutions to Identified Issues:-

    ---> Simplifying Terms and Conditions:

    ---> Controlling Unfair Trade Practices:

    ---> Enhancing Data Privacy and Security:

    ---> Resolving Jurisdictional Challenges:

    ---> Establishing Strong Grievance Redressal:


    SUGGESTION
    1)ADOPT GLOBAL S T A N D A R D S : I M P L E M E N T
    REGULATIONS T H A T E N H A N C E C U S T O M E R
    SECURI TY DURING ONLINE T R A N S A C T I O N S
    WHILE P R O M O T I N G D O M E S T I C E-C O M M E R C E .

    2) RAISE C O N S U M E R AWARENESS:
    STRENGTHEN C O N S U M E R A W A R E N E S S A N D
    ENSURE THE FULL I M P L EM EN T A TI O N OF THEIR
    RIGHTS BEY OND LEGISLATIVE MEASURES.
    3)INTRODUCE A REFLECTION PERIOD: PROVIDE A
    "COOLING-OFF" PERIOD FOR C O N S U M E R S TO REVIEW
    T E R M S A N D C ON DITIONS BEFORE FINALIZING
    C O N TRA C T S.

    4) ENABLE C O N T R A C T WITHDRAWAL: ALLOW


    C O N S U M E R S TO WITHDRAW F RO M C O N T R A C T S
    DURING THE COOLING-OFF PERIOD WITHOUT
    PENALTIES, ESPECIALLY IN C A S E S OF UNDUE
    PRESSURE.

    5) FAIR C O M P E N S A T I O N FOR PROVIDERS:


    PERMIT FAIR C O M P E N S A T I O N FOR E-
    C O M M E R C E PROVIDERS IF A C O N S U M E R
    WITHDRAWS AFTER SERVICE C O M M E N C E M E N T
    TO B A L A N C E TRUST A N D PROTECTION..
    CONCLUSION
    S U M M A R I Z E THE KEY POINTS OF THE PRESENTA TION

    Legal protection fosters trust in online retail.

    Effective laws benefit both consumers and businesses.

    Call to Action:
    Advocate for awareness and continuous improvements in
    legislation to match technological advancements.
    "Online retail thrives on trust, and trust begins with strong
    consumer protection."

    Final Conclusion:
    "By empowering consumers and evolving our laws with
    technology, we can ensure a future where fairness and innovation
    go hand in hand. Let's build a marketplace where everyone wins."
    The growing digital economy calls for stronger consumer protection
    laws and improved legal frameworks for online transactions.

    Key issues such as unfair terms and inadequate enforcement need


    addressing, with recommendations for clearer definitions and
    better access to justice.

    International comparisons emphasize the need for harmonized


    laws.

    Additionally, online arbitration technologies offer efficient and


    impartial dispute resolution, ensuring global enforcement.
    Strengthening consumer trust is crucial for the growth of e-
    commerce and fair legal practices.
    Bibliography
    1. consumeraffairs.nic.in

    2. wikipedia.com

    3. icpen.org.com

    4. Google Scholar

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