بسم الله
 

Visitors: 40

Electronic Commerce Law of the Islamic Republic of Iran- Part 03

  8/13/2018

Chapter 2 – Certification Service Provider

Article 31 – Certification Service Providers are established to provide electronic signature services nationwide. These services consist of generation, issuance, transmission, confirmation, dismissal and update of electronic signature certificates.

Article 32 – The laws and regulations for the establishment of certification service provider, also the detailed liabilities of such centers will be prepared by the Management and Planning Organization, and the Ministries of Commerce, Communication and Information Technology, Economic Affairs & Finance, and Justice and ratified by the cabinet.

Chapter 3 – Miscellaneous

Part 1 –Sole Protection in Electronic Transactions

Section 1 – Consumer Protection

Article 33 – Sellers of goods and service providers shall, in good time and before entering into contract and providing the consumer with information affecting his decision making for the purpose of purchase or acceptance of the terms. The minimum required information includes the following:

a) Technical specifications and functional characteristics of goods or services.

b) The identity of the supplier, the trade name under which he is working and his address.

c) E-mail address, telephone number, or any method by which the customer, when needed, can contact the seller.

d) All the expenses that will be charged to the customer for the purchase of goods (including the price of goods or services, tax, freight cost, calling charges).

e) The period for which the offer remains valid.

f) Terms and process of contract including payment terms and arrangements, delivery or implementation, cancellation, return, after-sales services.

Article 34 – Along with approving the preliminary information, the supplier shall also separately send the following pieces of information:

a) The business or work address of the supplier for possible complaints.

b) Information on after-sales services and guarantees.

c) Terms and conditions to terminate the contract according to Articles 37 and 38 of this Law.

d) Terms and conditions of cancellation in service contracts.

Article 35 – The stated information and acknowledgment of stated information to the consumer shall be provided in a durable medium, clear and comprehensible manner in good time and by use of appropriate means of communication within a certain period, with due regard to good faith in commercial transactions, such as special measures for the disabled, and the children.

Article 36 – In the case of telephone communications, the identity of the supplier and the commercial purpose of the call shall be made explicitly clear at the beginning of any conversation with the consumer.

Article 37 – For any distance transaction the consumer shall have a period of at least seven working days in which to withdraw from the contract (right of withdrawal) without penalty and without giving any reason. The only charge that may be made to the consumer is the cost of returning the goods.

Article 38 – The withdrawal may be exercised as follows:

a) In case of sale of goods, from the day of delivery of goods to the consumer and in case of sale of services from the day the contract is effective.

b) In any case, the exercise of consumer's right of withdrawal begins once the information the supplier is bound to present according to Articles 33 and 34 of this Law is presented.

c) As soon as the right of withdrawal has been exercised by the consumer pursuant the supplier shall immediately reimburse the sums paid by the consumer free of charge.

d) Consumer's right of withdrawal may not be exercised in cases where the type of goods and services are subject to particular terms. Such cases are according to the regulations being specified in accordance with Article 79 of this Law.

Article 39 – Where a supplier fails to perform his side of the contract on the grounds that the goods are unavailable or services can not be performed, he is bound to immediately refund the sums he has received to the addressee unless in case of sale of merchandise of a general description and obligations whose fulfillment is not impossible for ever and the addressee is willing to wait until the availability of goods or performance of obligation. If the supplier turns out to be aware of his incapability of performing his obligation from the beginning, in addition to being bound to reimburse the sums he has received, he is sentenced to the maximum punishment under this Law.

Article 40 – The supplier can provide the consumer with goods or services of equivalent quality and price provided that this was announced before or during the transaction.

Article 41 – If the supplier dispatches the consumer goods or services other than subject of the transaction or obligation, the goods and services shall be returned and the cost of returning shall be borne by the supplier. Nevertheless, if the dispatched goods and services are offered by the supplier as another transaction or obligation, the addressee can accept it.

Article 42 – The protections laid down herein do not apply in the following cases: 

a) The financial services the list of which is determined by the regulations specified in accordance with Article 79 of this Law.

b) Transactions relating to sale of immovable property or rights of ownership arising from immovable property except for rental.

c) Purchase from automatic vending machines.

d) Transactions carried out through the use of public payphones.

e) Transactions carried out in auctions

Article 43 - The supplier shall not regard the silence of the consumer as contentment.

Article 44 – In the case of a dispute or uncertainty, the case shall be examined by judicial authorities.

Article 45 – The execution of consumer's rights under this Law shall not be limited by other Laws that provide less support for the consumer.

Article 46 – The use of contractual conditions that are in contradiction with the regulations of this section and also the application of unfair conditions that disadvantages consumer shall not be effective.

Article 47 – In distance transactions, that part of the transaction which is carried out through a method other than means of distance transaction is not subject to the regulations of this Law.

Article 48 – Legal and civil organizations protecting consumer's rights can file a suit as a petitioner. Its processing is subject to regulations that will be proposed by the Ministry of Commerce and ratified by the cabinet.

Article 49 –Consumer's rights when dealing with Electronic Payment systems is subject to rules and regulations which have been or will be ratified by the relevant judicial authorities.

Section 2: Marketing

Article 50 – Suppliers, in the process of marketing their goods and services, shall not commit or exclude an act that may mislead and deceive the addressee in terms of quantity and quality.

Article 51 – Suppliers who are advertising for the sale of their goods and services shall not endanger people's health.

Article 52 – The supplier shall advertise in such a manner that would enable the consumer to precisely, accurately, and clearly understand the description of the advertised goods and services.

Article 53 – In advertising and marketing processes, the identity of the person or business who is advertising should be clear, and evident.

Article 54 – Suppliers shall not take advantage of the special features of electronic transactions to conceal facts in relation to their identity or place of business.

Article 55 – Suppliers shall provide the consumers with the required arrangements that would enable them to choose whether to receive the advertisements at their mailing or e-mail address.

Article 56 – Suppliers shall act professionally. The corresponding rules and regulations shall be in accordance with Article 79 of this Law.

Article 57 – Advertisement and marketing for children and young people under the legal age is subject to regulations that will be stated in Article 79 of this Law.

Section3: Protection of Private "Data Message"

Article 58 – Storing, processing or distributing private "data messages" which may reveal tribal or ethnic origins, moral and religious beliefs, ethical characteristics, and “data messages” regarding the physical, psychological, or sexual condition of people, without their explicit consent is illegal.

Article 59 – Upon the consent of the person who is the subject of a "data message", provided that the content of the "data message" is in accordance with statute laws of the Islamic Consultative Assembly, storing, processing, and distributing personal "data messages" via electronic means shall be subject to the following terms:

a) Its goals shall be specified and clearly described.

b) The "data message" shall be collected to the required extent and in compliance with the goals described to the person who is the subject of the "data message" while collecting the information and be applied merely for the goals set out therein.

c) The "data message" shall be correct and up-to-date.

d) The person who is the subject of a "data message" shall have access to those computer files containing his/her personal "data messages" and be able to remove or amend partial or incorrect "data messages".

e) The person who is the subject of “data message”, while adhering to the regulations, shall be able to request the complete removal of the computer files of his personal "data messages".

Article 60 – Storing, processing, or distributing "data messages" of medical or health records are subject to the regulations in accordance with Article 79 of this Law.

Article 61 – Other issues on the accessibility of the subject of a "data message" such as exceptions, the supervision and control of personal "data messages" are subject to terms and conditions contained in Chapter Four of this Law and relevant regulations.







You must be a member to send comments Register