Online stores have undoubtedly grown in recent years. Today it may seem somewhat outdated to think about starting a physical business when products or services can be sold online, given the savings this activity offers. However, there is a great lack of awareness among digital entrepreneurs about the regulation that applies when deciding to launch an online store.
For this reason, the purpose of this blog is to mention only the rules applicable to online stores and briefly analyze NMX-COE-001-SCFI-2018 ("NMX 2018").
"Success occurs when opportunity meets preparation."
Zig Ziglar
1. What rules apply to online stores?
Among the rules applicable to online stores are Official Mexican Standards, the Federal Consumer Protection Law, the Federal Tax Code, the Federal Law on Protection of Personal Data Held by Private Parties, the National Code of Criminal Procedure, Mexican Standards, to name a few.
2. What is NMX-COE-001-SCFI-2018?
This is the first Mexican Standard that regulates online stores in detail and sets out the provisions that individuals and legal entities must comply with when offering, marketing, or selling products or services through e-commerce.
3. What is its purpose?
First, to protect and guarantee the rights of consumers of these goods, products, or services. Second, to promote good e-commerce practices, ensuring security, trust, and transparency in this type of commerce.
4. When did it take effect?
May 1, 2019.
5. What relevant data does NMX 2018 contain?
i. Information on services or products: This information must be clear and complete, including detailed information on services offered or products sold, as well as prices, which must be expressed in Mexican pesos.
Information is provided in Spanish. It must also include applicable taxes and any additional costs, including shipping costs.
ii. Cancellation and return policy for products or services: Return and cancellation criteria must be stated in the terms and conditions under which products or services may be returned or canceled, as well as the time frame and whether there is an extra cost.
iii. Customer service: Means of communication with the consumer must be included, along with information on how to resolve complaints or clarifications, specifying business hours and resolution time frames.
There must also be a mechanism for consumers to rate products or services by sharing their experience.
At EEEsponda Abogados we have participated in drafting and reviewing various digital stores, providing legal certainty for both digital entrepreneurs and consumers.
If you need more information on this topic or other contracts, see: Contracts archives | Esponda Betancourt (eblaw.com.mx)