“Not like in the photo”: who is responsible for what when shopping on social networks
Instagram and marketplaces have taught us to buy with our eyes. The picture forms expectations, expectations – the decision to pay. But what to do when the received product has nothing to do with what you paid for? This is a violation of the terms of the purchase and sale agreement and the Law of Ukraine “On Protection of Consumer Rights”. It doesn’t matter if it’s a bento cake, furniture or auto parts. The algorithm of actions is the same: fixation, claim, coercion.
SENSE lawyer Iryna Shramko spoke about this problem on the air of “Breakfast with 1+1,” and below is a systematic legal explanation without emotion or irony.
The myth of “I just bake at home”
Instagram sellers often believe that the lack of registration as an individual entrepreneur exempts them from liability. This is a fatal mistake. Systematic sale of goods without state registration by an entrepreneur is subject to Article 164 of the Code of Administrative Offenses (a fine of up to UAH 85,000 with confiscation of products/money).
If such a fact is discovered, then this is a lever of pressure for you: either the seller returns the money for the poor-quality goods voluntarily, or receives an inspection from the Tax and State Service for Food and Consumer Protection for illegal business activities. At the same time, notifying these authorities about the detected fact of the offense can prevent harm to other buyers.
The “force” algorithm
- Digital trail: Your correspondence in Direct is an evidentiary base. Screenshots of the profile, photos of the product “before” (from the advertisement) and “after” (upon receipt), receipt of transfer to the card. Important: The unboxing video is your “alibi” that the defect was not your fault.
- Legal attack: Forget about emotional responses. Write a dry claim.
- “The product does not meet the specification.”
- “I demand a refund in accordance with Article 8 of the Law of Ukraine “On Consumer Rights Protection”.
- “In case of refusal – a statement to the Tax Service about illegal entrepreneurial activity and to the State Service for Food and Consumer Protection.”
- Financial responsibility: Transferring to a personal card (P2P) for goods is a risk for the seller to fall under the bank’s financial monitoring for conducting business through an individual account. Remind him of this.
SENSE’s conclusion: Anonymity on Instagram is illusory. Any transaction leaves a trace. If your rights are violated, don’t negotiate, but dictate the terms. The law is on your side, even if the seller is just a “housewife.”
For more real-life examples and expert advice, see the comments for “Breakfast with 1+1”:
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