E-Commerce / Third Party Seller ModelE-Commerce

Non-Court Dispute Resolution

In Pakistan, IT companies such as Cloud Computing, Fintech and Web Applications or SaaS registration and their legal compliance are the main factors in consideration by the Government.
Presently, guidelines are weak as there are no other professional legal services providers in Pakistan which bring the facts into the notice of the tech companies.

Introduction

ON OUR SIDE

E-commerce is the business of selling or buying goods, transfer or exchange
of products, services through the internet; however it also includes online
banking, on-line education, medical services, consultancy, e-ticketing for
air travelling and share trading.

The basic things for an e-commerce business are the offer, quality, cost,
guarantee, validity, discounts, quantity, acceptance and delivery of the
goods etc.
We have divided it into three categories
● B2C – Business-to-consumer e-commerce where customers directly
deal with the organization without any intermediaries
● B2B – Business-to-business where buyers or sellers are organizations

Focused Corner

PROTECTING YOUR FINANCES

Before developing an e-commerce website or web app, a registered
domain and trademark should be established.
● There must be copyright protection on the site.
● The website or app must display the terms & conditions and privacy
policies.
● Privacy of user’s information must be ensured.

Conduct of business

In order to ensure the protection of consumer’s privacy and avoid
malpractices, the e-commerce business must be registered according
to the laws.
● Marketplaces shall enter into a contract with their sellers as to protect
the consumers from any loss, otherwise the marketplace shall
indemnify the consumer.

hosting the product complained against and shall put a notice about
the seller of the products in question.
● All marketplaces shall take adequate measures against sale of
counterfeit/pirated goods.

Contact

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Complete Details

Introduction:

The basic things for an e-commerce business are the offer, quality, cost,
guarantee, validity, discounts, quantity, acceptance and delivery of the
goods etc.
We have divided it into three categories
● B2C – Business-to-consumer e-commerce where customers directly
deal with the organization without any intermediaries
● B2B – Business-to-business where buyers or sellers are organizations
for example business between a manufacturer and a wholesaler, or a
wholesaler and a retailer.
● C2C – Consumer-to-consumer where individuals directly buy or sell
the goods for example it mostly happens through online auction or
trade website.
E-commerce is the business of selling or buying goods, transfer or exchange
of products, services through the internet; however it also includes online
banking, on-line education, medical services, consultancy, e-ticketing for
air travelling and share trading.
E-commerce site development, its advertising, electronic and financial
transactions may involve many legal issues which must be taken into
account.
There are a number of barriers to e-commerce business in Pakistan which
are either economical, technological or legal which causes slower progress
in the e-commerce industry than the other countries in the world.
Legal barriers are more difficult to overcome as absence of proper
regulatory system and guidelines, lack of ecommerce standards and
legislation are the major legal issues in Pakistan.
The serious concerns for the e-commerce businesses in Pakistan are;
● Data protection / data localization
● Financial inclusion and digitization
● Consumer protection in digital environment
● Taxation on e-commerce activity
● Logistics for e-commerce retailers and marketplaces
The government of Pakistan has proposed an E-commerce policy
framework in 2019 and the businesses are directed to follow the guidelines
and code of conduct in order to conduct secure business.

Focused Corner

Before developing an e-commerce website or web app, a registered
domain and trademark should be established.
● There must be copyright protection on the site.
● The website or app must display the terms & conditions and privacy
policies.
● Privacy of user’s information must be ensured.
● Ensure proper online contracts
● Record retention obligations compliance.
● Original documentation in terms of TAX and VAT requirements
compliance
● Exchange control regulation.
● Foreign data protection law.

Conduct of business

In order to ensure the protection of consumer’s privacy and avoid
malpractices, the e-commerce business must be registered according
to the laws.
● Marketplaces shall enter into a contract with their sellers as to protect
the consumers from any loss, otherwise the marketplace shall
indemnify the consumer.
● Marketplaces shall offer warranty with regard to the genuineness of
goods and their condition.
● If the complaint from a consumer is genuine, the marketplace shall
return the price paid without any deductions and shall forthwith stop
hosting the product complained against and shall put a notice about
the seller of the products in question.
● All marketplaces shall take adequate measures against sale of
counterfeit/pirated goods.
● Marketplace shall not offer any goods for sale which are declared
‘prohibited’ or ‘banned’ under the prevailing import policy order or
other laws.
● The seller offering prohibited or pirated stuff must be blacklisted
ASAP after the notice or complaint. And the matter be reported to the
concerned quarters.
● The rating systems on the website/app shall be ensured transparent.

Disclosure requirements / Consumer Protection

Prices of goods or services must be clearly displayed on the
website/App.
● All marketplaces must disclose data collection methods and policies
on their websites/Apps.
● Online marketplace shall provide information about the sellers of
products.
● Online marketplaces shall clearly display contact information for
redressing the complaints of consumers.

Compliance with applicable Laws

● Overseas shipment must be channelized through Customs.
● Consumer/Business Payments must be conducted from the banks or
payments gateways which are authorized and registered in
connection with the compliance of GST.
● Marketplaces shall ensure compliance with all applicable laws.

Services We Provide

● Data Protection and Privacy management
● Data transfer agreements
● Marketplace agreements
● Seller’s / Supplier’s Agreement
● Terms of use/services (for buyers)
● Service Level agreements
● Logistic agreements
● Franchise agreements
● Cloud computing agreements
● Structuring work to create financial design of the business, i.e tax,
investment, profits etc.
● Contracts with the third party (vendor) i.e Amazon Service Business
Solution Agreement
● Determination of company’s policies applicable to third party seller or
vendor
● Compliance of Import/export regulations
● Compliance of other Regulations/Rules
● IP related work
● Merger and Acquisition related matters
● Representation before the government
● Dispute resolution with third party, vendor, customer and seller
● Litigations in courts

Why Choose Us

The Case Lawyer is able to recognise the increased significance of certain
legal issues to the e-commerce business. We are experts at understanding
the technical, contractual, intellectual property and regulatory issues which
have enhanced importance in the new economy. We are well placed to
assist clients in pro-actively minimising their exposure to legal liability.

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