The court decision in the Moscow case has become a precedent that strengthens the rights of parents in the era of digital commerce. The Second Court of Cassation upheld the right of legal representatives to cancel purchases made by minor children without adult consent.
The story began with the fact that a little girl, playing with her mother's phone, accidentally placed an order for 102 goods. Despite an attempt to cancel the order immediately, the seller informed us that the goods were already being prepared for shipment and refused to return them. The woman was even billed for logistics and storage.
Earlier, the courts of lower instances refused the consumer, pointing out the allegedly incorrect way of filing a claim. However, the cassation sided with the buyer, pointing out that the mother's actions were prompt and in accordance with the law. The formal rules of the marketplace, as the judges noted, cannot restrict the constitutional rights of citizens.
The court's decision was a signal to participants in the e-commerce market: it is necessary to take into account the human factor and situations where children commit acts without the knowledge of adults. It is also confirmed that the buyer can return the product if it is not opened and does not apply to exceptions specified in the law, such as medical products or underwear.
Against the background of this case, the Ministry of Economic Development is considering the possibility of imposing restrictions on the return of certain categories of goods, similar to the system of non-refundable air tickets. This can reduce prices and logistical costs, especially during the holiday periods when there is an increase in mass returns.
Lawyers believe that legislation will evolve towards a more balanced protection of consumers and business interests. And parents are encouraged to make more use of digital security features such as parental controls, passwords for purchases, and separate accounts for online payments.
