Online Store Regulations - Ukraine. Expansion into the Ukrainian Market

The e-commerce market in Ukraine despite the ongoing war is developing at a rapid pace, 
and online stores are today an important pillar of the digital economy.

In July 2023, a new Consumer Protection Act was adopted, completely replacing the existing regulations and introducing changes to e-commerce regulations. The reform aimed to align Ukrainian consumer law with European Union standards. The new regulations were to take effect on July 8, 2024, but their entry into force was contingent on the prior end of martial law – until then, the existing regulations remain in force.  

Правила (sales rules) - Ukrainian online store regulations  

Regulations in Ukraine should clearly define the rules for sales, delivery, payment, contract withdrawal, and complaints. Sellers operating in the Ukrainian market must comply with several key legal acts:  

Supervision over compliance with these regulations is carried out by the Department of Public Procurement (State Service of Ukraine for Food Safety and Consumer Protection) This body , which performs a function similar to the Polish Office of Competition and Consumer Protection, is responsible for the proper functioning of the market in terms of protecting consumer interests, including combating unfair market practices. Its tasks include enforcing the provisions of Ukrainian legal acts concerning consumer rights, including those regulating e-commerce and entrepreneurs' disclosure obligations.  

Right of withdrawal in Ukraine  

Under Ukrainian law , consumers have the right to withdraw from a distance contract within 14 days of receiving the goods or confirming the required information from the seller. The mere act of returning the goods constitutes termination of the contract .  

However, the legislator provides for exceptions to this right – withdrawal does not apply, among others, to goods whose price depends on market quotations, custom-made products, open media with audio, video or computer software recordings, the supply of magazines, lotteries and gambling games.  

Importantly, if the seller has not provided the consumer with the required information before concluding the contract, the withdrawal period is extended to 90 days from the date of receipt of the goods.  

Ukrainian law also provides for exceptions to the right of withdrawal, which have a broader scope than those resulting from EU regulations (e.g. Directive 2011/83/EU ) and cover, among others, certain categories of good quality goods which - for reasons of hygiene, practicality or specific nature - cannot be returned or exchanged after sale, even if the contract was concluded at a distance , e.g. rubber and latex toys for children or live animals.  

Complaints and seller's liability  

If defects in the goods are discovered during the warranty period ( both statutory and voluntary, provided by the seller or manufacturer) the consumer has the right to demand:  

However, if during this period defects are discovered that are the result of the fault of the seller or manufacturer, or the goods are counterfeit, the consumer has the right to demand, at his/her own discretion:  

If the consumer's request is not met, he or she has the right to submit another request from among those listed, which concerns the given goods.  

In addition , if the consumer requests the repair of goods that weigh more than 5 kg, the seller must, at his own expense, arrange both the delivery of the goods for repair and their return after repair.  The seller is also obliged to provide the so-called exchange fund ( укр . фонд обміну ) - i.e. an appropriate stock of goods intended to replace the advertised products. This list is listed in Annex No. 2 to the Regulation on the implementation of certain provisions of the Act "On the Protection of Consumer Rights").