Electronic Commerce

About electronic commerce

THE LAW OF THE REPUBLIC OF AZERBAIJAN

 

This Law defines the legal bases of the organization and implementation of e-commerce in the Republic of Azerbaijan, the rights and responsibilities of its participants, as well as the violation of electronic commerce legislation.

 

I f ə s i l

GENERAL PROVISIONS

 

Article 1 Basic concepts

1.0. The following basic definitions are used in this Law:

1.0.1. e-commerce - activities on purchase, sale and rendering of goods by using information systems;

1.0.2. e-trading participants - legal entities and individuals acting as vendor (supplier), buyer (customer) and electronic document circulation during electronic trading;

1.0.3. seller (supplier) - an electronic trading participant selling goods (rendering services, performing works);

1.0.4. buyer (customer) - participant of electronic commerce receiving goods (services, orders);

1.0.5. electronic document turnover intermediary (hereinafter referred to as mediator) is a physical or legal entity providing electronic document circulation services between the sender and the recipient of the electronic document;

1.0.6. commercial notice - information that directly or indirectly serves the distribution of goods, services, works or image shapes by a vendor (supplier).

 

Article 2 The scope of the law

2.1. Except for the financial market, including the insurance and the securities market, this Law applies to electronic commerce in all other areas of the Republic of Azerbaijan.

2.2. The e-commerce relations in the financial market, including the insurance and securities markets, are regulated by other legislative acts of the Republic of Azerbaijan.

2.3. This Law shall not apply to contracts which are subject to state registration or notarization in accordance with the legislation of the Republic of Azerbaijan.

 

Article 3 Legislation of the Republic of Azerbaijan on Electronic Commerce

3.1. The legislation of the Republic of Azerbaijan on electronic commerce consists of the Constitution of the Republic of Azerbaijan, the Civil Code of the Republic of Azerbaijan, the Law of the Republic of Azerbaijan "On electronic signature and electronic document", this Law and other normative legal acts, as well as international treaties to which the Republic of Azerbaijan is a party.

3.2. Issues related to closing deals in electronic form shall be governed by civil law, with the exception of matters provided for in Article 10 of this Law, with respect to the content and performance of obligations under this Law and electronic document circulation legislation, transactions.

 

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ELECTRONIC TRADE ORGANIZATION

 

Article 4 Basic principles of electronic commerce

4.1. Legal regulation of electronic commerce in the Republic of Azerbaijan is based on the following principles:

4.1.1. equality of participants;

4.1.2. free will of participants;

4.1.3. property independence of participants;

4.1.4. inviolability of property;

4.1.5. freedom of contract;

4.1.6. unimpeded implementation of entrepreneurial activity;

4.1.7. free and fair competition;

4.1.8. Free movement of goods, services and financial resources;

4.1.9. guaranteeing the protection of rights in court.

4.2. Obtaining legal and natural persons' rights and obligations in the field of electronic commerce can only be restricted by the legislation of the Republic of Azerbaijan.

4.3. No special permit (license) is required for the implementation of e-commerce. When conducting electronic commerce in the areas where the special permit (license) is required, the seller (supplier) must obtain special permit (license) for that activity in the manner prescribed by law.

4.4. Legal and natural persons acquire and exercise their rights and obligations in the field of e-commerce on the basis of their legislation and contracts.

 

Article 5 Requirements for participants in e-commerce

5.1. Except for cases stipulated by the legislation of the Republic of Azerbaijan, except for cases stipulated by the legislation of the Republic of Azerbaijan, when a legal entity has been registered with the legal entity and physical person engaged in entrepreneurial activities without the legal entity has the right to engage in entrepreneurship, may begin to operate.

5.2. All information provided by the seller (supplier) to buyers (customers) should be expressed clearly in the Azerbaijani language or in other languages ​​agreed by the parties, clearly and unambiguously by the buyer (customer) without special knowledge.

5.3. The seller (supplier) shall allow himself / herself to get acquainted with buyers (customers) and authorized state bodies with the following necessary information:

5.3.1. name of the legal entity, state registration, organizational-legal form, address or surname, name and patronymic, address of the natural person;

5.3.2. contact information (telephone, fax, internet and email addresses);

5.3.3. name, registration number or other identification information of the registrar (supplier (supplier) on the profession and the name of the relevant state body or other body registered on the profession, the degree of professional qualification, professional rules and information on how to get acquainted with these rules);

5.3.4. information on the special permit (license) and the state body that issued it in case of application of special permit (license) for entrepreneurial activity;

5.3.5. taxpayer identification number (TIN);

5.3.6. information on the cost of goods, services and works, and whether or not they have the right to charge the goods (service, work) and their amount.

5.4. The buyer (customer) shall have the rights and duties provided for in this Law, civil legislation, including the protection of consumers' rights and contracts concluded between electronic traders.

5.5. The mediator ceases the service rendered by the court or a complaint filed by the competent public authority in accordance with the legislation, while delivering information retention services, or delays the access to the information.

 

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EFFECTIVE TRADE TRADE

 

Article 6 Commercial notice

6.1. For the purpose of promoting e-commerce, the seller (supplier) may use commercial notice. Commercial notice must meet the following conditions:

6.1.1. it should be clearly stated that the notification is commercial;

6.1.2. the name and address of the sender of the commercial notice;

6.1.3. proposals such as privileges, rewards and gifts that are permitted by law to be promoted should be explicitly stated, the conditions of their acquisition must be clearly expressed, unambiguously provided, and should be easily accessible to those proposals;

6.1.4. information about competitions and games permitted by law should be clearly demonstrated in order to stimulate sales, with the conditions of participation open, unambiguous, and to be easily accessible to those proposals.

6.2. Free information, including information on Internet and email addresses, goods (services, works) or their retailer (supplier), which allows direct access to the vendor (supplier), is not subject to commercial notice.

6.3. Incentive commercial notifications can be sent by e-mail by the seller (supplier) without the buyer's (customer's) consent. The vendor (supplier) shall enable and register the persons who do not wish to receive commercial promotions. Failure to respond to Initiative Commercial Notifications is not an acceptance.

 

Article 7 Closing the contract

7.1. In electronic commerce, contracts between the seller (supplier) and the buyer (customer) are attached in the form of an electronic document.

7.2. The contract may be sent by a person who is authorized to act on behalf of the offer (office), including an off-site address (common office) addressed to a circle of indefinite persons, or via an information system that is programmed and operated automatically.

7.3. The terms of the contract must be prepared in a precise and unambiguous manner by the buyer (customer) who does not have a specific knowledge, and the contract must be prepared in a form that allows him to familiarize himself / herself with it.

7.4. Certain terms of the contract may be filed with reference to another electronic document, so the contract can not be considered void. In this case, the seller (supplier) should provide access to the reference document in the term of the contract.

7.5. The contract is considered to be closed from the time the dealer (supplier) accepts it. Unless otherwise agreed by the parties, the acceptance of an electronic document is not an acceptance.

 

Article 8 Requirements for contract closing

8.1. The buyer (customer) must provide the following information by the seller (supplier) before ordering:

8.1.1. name, address of supplier;

8.1.2. basic information about the properties of goods (services, works);

8.1.3. prices of goods (services, works), taking into account taxes;

8.1.4. the cost of the delivery, its cost and other terms;

8.1.5. Payment and order execution conditions;

8.1.6. the right to use the waiver right provided for in this Law;

8.1.7. the deadline for the proposal or price validity;

8.1.8. the minimum duration of permanent or regular supplies of goods, works and services, if any;

8.1.9. the method and stages of the contract;

8.1.10. registration and access to the contract by the seller (supplier);

8.1.11. technical capabilities available for defining and correcting mistakes made during ordering.

8.2. When ordering, the seller (supplier) shall promptly notify the buyer (customer) of the order. If the buyer (customer) receives the confirmation of the order, the order is considered accepted.

8.3. The information provided in Article 8.1 of this Law shall be delivered to the buyer (customer) prior to signing the contract in writing, with the exception of cases specified in Article 9.3 of this Law. This obligation should be met before the contract is executed unless the contract is concluded.

8.4. The approval shall also contain the following information:

8.4.1. terms and procedure of refusal from execution of the contract;

8.4.2. address where the buyer (customer) can file a complaint;

8.4.3. post-sale services and warranties;

8.4.4. the termination of the contract for a period of more than one year or term for an indefinite period.

8.5. Article 8.4 of this Law does not apply to services rendered to one another. In this case, the buyer (customer) should only be notified of the address he / she may file.

 

Article 9. Refusal from execution of the contract 

9.1. The buyer (customer) may waive the execution of the contract concluded without the imposition of a penalty within 7 working days irrespective of the payment order of the goods (work, service).

9.2. If the obligation specified in Article 8.3 of this Law has been fulfilled, the term of the contract execution shall be calculated from the day of signing the contract.

9.3. If the seller (supplier) fails to fully fulfill the obligation set forth in Article 8.3 of this Law, he / she must do so within 3 months after contract is signed. If a commitment is fulfilled within this period, the 7-day term expires from that date.

9.4. When the buyer (customer) refuses to execute the contract pursuant to Article 9.1 of this Law, the seller (supplier) must return the amount paid by him within 7 days without any additional expenses. In this case, only the cost of returning the goods may be charged from the buyer (customer).

9.5. In the absence of other agreement between the parties, the buyer (customer) can not refuse the execution of the following contracts:

9.5.1. when the contract is executed with the consent of the buyer (customer) within the 7-day period specified in Article 9.1 of this Law;

9.5.2. contracts on supply of goods that are dependent on changes in the financial market not regulated by the seller (supplier);

9.5.3. contracts for the supply of goods with a rapidly degraded or restricted expiration, which can not be returned because of the production or adaptation on the basis of the specific request of the buyer (customer);

9.5.4. audio, video or computer software, as well as packaging material of other goods by the buyer (customer) or otherwise violated;

9.5.5. newspapers, magazines and other periodicals.

 

Article 10. Execution of the contract 

10.1. In the absence of other agreement between the parties, the order must be performed by the seller (supplier) within 30 days of the date of receipt by the buyer (customer).

10.2. If the seller (supplier) fails to provide the ordered goods (works, services) due to their absence (inability to be seen or shown), the seller (supplier) shall inform the buyer (customer) and return the amount paid within 7 days.

10.3. If the delivery of goods and services requires expense, their supply is prohibited without the buyer's (customer's) order.

10.4. If the seller (supplier) delivers goods and services on a fee basis at his own initiative, the buyer's (customer's) failure to respond to such offer should not be considered as an agreement.

 

IV f ə sil

LEGISLATION ON ELECTRONIC TRADE

                                                   RESPONSIBILITY FOR POSSIBILITY

 

Article 11 Common grounds for liability for violation of electronic commerce law

11.1. Persons guilty of violating the legislation on e-commerce are liable in the manner prescribed by the legislation of the Republic of Azerbaijan.

11.2. The seller (supplier) is responsible for misleading information to the buyer (customer) and authorized state bodies in accordance with the legislation of the Azerbaijan Republic.

11.3. E-commerce with violation of intellectual property rights and other rights is considered illegal and restoration of infringed rights is carried out in accordance with the law.

11.4. Freedom of expression of the legislation of the Republic of Azerbaijan, including copyright and related rights, rights to integrated circuits and databases, as well as folklore patterns and industrial property rights, may be restricted.

 

Article 12. Responsibility of the Mediator 

12.1. The mediator is responsible for non-fulfillment of terms of the agreement concluded with other participants of electronic trade.

12.2. The carrier is not liable for transmitted information when rendering services by the recipient (customer), the transferor, the information provided by the retailer (supplier), or the provision of access to the communication network:

12.2.1. in the absence of the initiator of the transfer;

12.2.2. when selecting the recipient of the information;

12.2.3. when the content of the transmitted information does not change and the selection fails.

12.3. When the carrier delivers services provided by the recipient (customer), the seller (supplier) for the transmission of information through the communication network, for the automatic, temporary and short-term storage of information transmitted in order to provide information more effectively on the basis of inquiries of another buyer (customer), seller (supplier)

It is not responsible for:

12.3.1. does not make corrections to the information;

12.3.2. Compliance with the terms of access to information;

12.3.3. complying with the terms of the information renewal in the generally accepted manner;

12.3.4. does not interfere with the use of legitimate, widely accepted and widely used technologies to obtain information about the use of the information;

12.3.5. immediately after receipt of information on its elimination or limitation of access to the original source of information, and when performing such actions on the basis of the court decision or the request of the competent public authority.

12.4. If the agent carries out the maintenance of the information provided by the buyer (customer), the seller (supplier), the information is not liable for the storage of the information in the following cases:

12.4.1. if there is no actual information about the illegal nature of the activity or information and the exact facts and details of the activity or information are unlawful in terms of claims for damages;

12.4.2. information or notices about the information stored on it

immediate response to the elimination or elimination of access.

12.5. The mediator can not be forced to take active actions to identify facts or details or to exercise it individually in order to provide a general monitoring of the information he / she has provided, or evidence of the conduct of illegal activities.

12.6. The agent shall inform the competent authorities of the recipients (customers), vendors (suppliers) of their services, or the transfer of information, and provide them with information that will allow identifying service recipients (s), vendors (suppliers).

 

V fracture

FINAL CONCLUSIONS

 

Article 13. Settlement of Disputes 

13.1. Disputes between e-commerce participants may be resolved by means of extra-judicial means, including electronic means, which do not contradict the law.

13.2. E-commerce claims are reviewed by the courts within the timeframe established by law.

 

Article 14. Effective Date of the Law 

This Law shall enter into force on the day of its publication.

 

Ilham Aliyev,

President of the Republic of Azerbaijan

 

Baku, May 10, 2005

               № 908-IIQ