Affiliation:
1. Assistant Professor of Law, Kalyan Law College, Bhilai (CG)
Abstract
E-commerce (electronic commerce) is the exchange of goods and services and the transmission of money and data over the Internet. E-commerce relies on technology and digital platforms, including websites, mobile apps, and social media, to make buying and selling possible. E-commerce is the exchange of goods and services and the transfer of money and data over the Internet. E-commerce relies on technology and digital platforms, including websites, mobile apps and social media, to enable buying and selling.
Reference25 articles.
1. The United Nations Guidelines for Consumer Protection were adopted by consensus by United Nations General Assembly in resolution 39/248 of 16 April 1985,later expanded by the Economic and Social council in resolution 199/7 of July 26,1999 and this was further revised and adopted by the General Assembly in resolution 70/186 of December 22,2015. https://unctad.org/system/files/official-document/webditcclp2016d1.pdf
2. "Consumer" means any person who— (i) buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or (ii) hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for 6 consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose. Explanation. —For the purposes of this clause, — (a) the expression "commercial purpose" does not include use by a person of goods bought and used by him exclusively for the purpose of earning his livelihood, by means of self-employment; (b) the expressions "buys any goods" and "hires or avails any services" includes offline or online transactions through electronic means or by teleshopping or direct selling or multi-level marketing
3. "Product liability" means the responsibility of a product manufacturer or product seller, of any product or service, to compensate for any harm caused to a consumer by such defective product manufactured or sold or by deficiency in services relating thereto;
4. "Defect" means any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard which is required to be maintained by or under any law for the time being in force or under any contract, express or implied or as is claimed by the trader in any manner whatsoever in relation to any goods or product and the expression "defective" shall be construed accordingly;
5. "Design", in relation to a product, means the intended or known physical and material characteristics of such product and includes any intended or known formulation or content of such product and the usual result of the intended manufacturing or other process used to produce such product;