The Consumer Ombudsman has intervened in the contract terms that undermined the consumer’s legal rights and misleading information provided in the Adlibris online store. At the request of the Consumer Ombudsman, Adlibris Finland Oy committed to changing its online store’s contract terms and marketing.
In its contract terms, Adlibris reserved the right to cancel the purchase if the product ordered by the consumer was, for example, out of stock or there were problems with its availability. Also, according to reports received from consumers, Adlibris had unilaterally announced the cancellation of orders.
The Consumer Ombudsman assessed that the contract terms and the practice according to which Adlibris had the right to unilaterally withdraw from contracts without a legal reason were unfair as intended by the Consumer Protection Act.
An online retailer’s duty of care includes ensuring that the information on the availability of products presented on its website and marketing is up to date and does not mislead consumers.
”Consumers must be able to trust that if the product can be ordered from an online store, it is available and can be delivered to them.”
Consumers cannot be charged before a contract is concluded
The contract terms of Adlibris stated that a purchase contract would be concluded when Adlibris confirmed the order made by the consumer with an order confirmation. However, Adlibris charged the consumer already at the online checkout.
The Consumer Ombudsman noted that if the online retailer determines that a contract will not be concluded until the time an order confirmation is sent, this information should be emphasised in the online store. In this case, the consumer may not be charged for the order at the time of order, but only after the order has been approved.
”The consumer cannot be placed in a position where they are required to pay for an order before a contract has been concluded.”
The online retailer is responsible for delivering the marketed product within the marketed time
According to reports from consumers, the online store had provided information about the shipping time or the date of delivery, but after the payment, it turned out that the shipping or delivery would take place later. The Consumer Ombudsman drew the attention of Adlibris to the fact that the online retailer must ensure that the information provided on the online store on shipping times and delivery dates is correct.
The Adlibris terms also stated that Adlibris is not responsible for any delays or errors in product information. In addition, Adlibris reserved the right to choose how it will rectify any defects.
The Consumer Ombudsman noted that online stores must indicate the delivery times of orders in such a way that they can take responsibility for their fulfilment. The online retailer is also always responsible for ensuring that the product it delivers to the consumer corresponds to what has been marketed and agreed. An online retailer may not use its contract terms to exempt itself from liability for delays or defects under the Consumer Protection Act or reserve the right to choose which rectifications it applies in the event of a defect.
The exercise of the right of withdrawal must not be made difficult
Adlibris required returns to be sent via Posti and paid at Posti’s service point. This meant that the company’s customers were offered only one method of mailing the returns, which could be expensive and difficult for them. The Consumer Ombudsman considered that the strict conditions for returns had restricted consumers’ opportunity to exercise their right to withdraw a distance selling contract. Adlibris changed its policy by giving consumers more options in choosing the return method.
Adlibris committed to changing its terms and marketing as required by the Consumer Ombudsman.
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