Consumer Rights in Retail & E-commerce: Guide for Entrepreneurs

Consumer rights in retail and e-commerce: what an entrepreneur should know

As of March 12, 2026, the basic act for most consumer disputes remains the Law of Ukraine "On consumer rights protection" No. 1023-XII. Law No. 3153-IX, which lays down a new regulatory model, including the "e-buyer" portal and new rules for distance selling, has not yet entered into force: its introduction is postponed at least until the termination or cancellation of martial law. Therefore, store operation rules must currently be built on the current norms of Law No. 1023-XII, the Law "On e-commerce", the Law on cash registers/software cash registers, the Tax Code, and special rules for specific goods. Law of Ukraine

The current Law No. 1023-XII regulates relations between consumers of goods, works, and services and sellers, manufacturers, and performers. At the same time, the law itself explicitly warns that regarding food products, it does not apply generally, but only where explicitly stated. This means that for food retail, consumer rights must be evaluated together with core food safety and labeling rules. Law of Ukraine

What consumer rights an entrepreneur must ensure right now

A consumer has the right to proper quality of products and services, product safety, protection of their rights by the state, as well as necessary, accessible, reliable, and timely information about the product before purchase. In the trade sector, all consumers must be served without direct or indirect restrictions, and the seller cannot impose unnecessary assortment or artificially restrict non-cash payments if obliged by law to provide such an opportunity. In addition, the consumer has the right to check the quality, safety, completeness, measure, weight, and price of the goods, and upon request — to receive control and measuring devices and documents on quality, safety, and price. Law of Ukraine

For an entrepreneur, this means that the trading floor, website, product card, price tag, receipt, warranty document, and public offer must operate as a single coordinated system. The most typical violations occur precisely when information on the website, in the price tag, in the receipt, and in the actual configuration do not match. If the buyer was provided with inaccurate, incomplete, or untimely information, they can demand the termination of the contract and compensation for damages in cases provided by law. Law of Ukraine

What information must be given to the buyer before the sale

The law requires that the consumer receives necessary product information even before the purchase. Basically, this means disclosing the product name, its main properties, conditions of use, price data, and other details without which the buyer cannot make an informed choice. Information about products is not considered advertising — it is a separate obligation of the seller. For specific categories of goods, additional requirements of technical regulations and other special acts apply, and the law itself explicitly allows establishing such additional requirements. Law of Ukraine

In regular retail trade, the price tag must be clear and understandable. The current law already allows using the terms "discount", "price reduction", and "sale" only under certain conditions: a discount must apply to a product genuinely sold by this business entity, act within a specific and limited period, and the price must be lower than usual. After publicly announcing a discount or sale, the buyer must be shown both the old and the new price. Separately, the State Service of Ukraine on Food Safety and Consumer Protection reminds that the price must be indicated for each unit or category of goods, and the amount for the consumer must include all taxes and mandatory payments. Law of Ukraine

What must essentially be on an e-commerce website

In the field of e-commerce, the seller is obliged to provide direct, simple, and stable access to information about themselves. The full name of the legal entity or full name of the sole proprietor, location or place of registration and actual residence of the sole proprietor, email address and/or address of the online store, identification code or tax number must be available on the website or in another sales system. If the activity is licensed, information about the license must also be disclosed. Separately, the law requires informing whether taxes are included in the price, and if there is delivery — showing its cost. Law of Ukraine

If the sale concerns goods or services for which a license or permit is required by law, realization is possible only after obtaining such a document. For an entrepreneur, this is critical: the lack of a license cannot be "covered up" by the fact that the sale takes place online or through a marketplace. Law of Ukraine

An electronic contract is a full-fledged contract. The offer must contain essential conditions, and the contract is considered concluded from the moment the acceptance response is received. The law allows placing part of the terms in separate electronic documents via links, but only on the condition that the buyer had unhindered access to these documents. Acceptance can occur via an electronic message or by filling out an electronic form signed in the manner prescribed by law. Law of Ukraine

Return of goods of proper quality

A consumer has the right to exchange a non-food product of proper quality within 14 days, excluding the day of purchase, if the product did not fit in shape, dimensions, style, color, size, or for other reasons cannot be used for its intended purpose. Therefore, the 14-day rule applies specifically to non-food products of proper quality. Law of Ukraine

Not all goods of proper quality are subject to exchange or return. Currently, the list approved by the Resolution of the Cabinet of Ministers of Ukraine No. 172 of 19.03.1994 is valid. The new resolution No. 1243 has already been adopted, but it has not yet entered into force. Therefore, when preparing internal store rules, it is necessary to rely precisely on the current list under resolution No. 172, and not on the future edition. Law of Ukraine

If the product has a defect or a significant defect

If defects of the goods are discovered during the warranty period, the consumer has the right to demand a proportional reduction in price, free elimination of defects within a reasonable time, or reimbursement of expenses for their elimination. If a significant defect due to the fault of the manufacturer or seller, or falsification of the goods is detected, the buyer can choose to demand the termination of the contract with a refund or replacement of the goods. The seller or manufacturer is obliged to accept such goods from the consumer and consider the demands. Law of Ukraine

If there is no product for replacement, the demand for replacement must be satisfied within two months. If this is impossible, the consumer can switch to other demands, in particular, request a refund. For large and heavy goods, the law additionally protects the buyer: upon a written request during the repair time, a similar product is provided to them, and the seller or manufacturer must have an exchange fund. For each day of delay in providing such a product and for each day of delay in repair over 14 days, a penalty of 1% of the product's value is paid. This is an important practical point: the norm on the exchange fund is active in the current law. Law of Ukraine

Distance selling: separate rules for online stores

Before concluding a distance contract, the seller must provide the buyer with information about themselves, product characteristics, price including delivery, payment terms, warranty obligations, other delivery terms, validity period of the offer, and the procedure for terminating the contract. This is not a formality: precisely this block of information later becomes the basis for a dispute if the buyer claims they were misled. Law of Ukraine

The buyer has the right to terminate a distance contract within 14 days from the moment of confirming the information or from the moment of receiving the goods or the first delivery. If the seller does not refund the funds within the established terms after terminating such a contract, the consumer is entitled to a penalty of 1% of the product value for each day of delay. For business, this means that the procedure for accepting refusals, processing refunds, and tracking deadlines must be set up technically, rather than left "at the manager's discretion". Law of Ukraine

If the store sells digital content or digital services — for example, access to programs, online services, electronic subscriptions, cloud solutions, games, or files — one must also consider the Law "On digital content and digital services" No. 3321-IX. It has been valid since March 2, 2024, and also applies in cases where the consumer "pays" with personal data, if these data are used not only for the technical provision of the service. Law of Ukraine

Payment, receipts, cash registers

Business entities that carry out settlement operations in cash or non-cash when selling goods or services are obliged to conduct them for the full amount through a registered cash register or software cash register with the formation of a settlement document. The buyer must be issued a settlement document of the established form and content for the full transaction amount. This directly applies to orders or payments via the Internet: an electronic receipt with a QR code or a document sent to an e-mail or phone number is allowed by law. Law of Ukraine

The form and mandatory details of settlement documents are determined by the order of the Ministry of Finance No. 13. Its current version takes into account the changes of order No. 601 of 22.11.2024, therefore receipt templates, software cash register settings, and printed forms must be verified specifically against this version. Law of Ukraine

Significant financial sanctions apply for violating the rules of using cash registers. For the first violation, provided for by paragraph 1 of Article 17 of Law No. 265/95-VR, a fine of 100% of the value of the goods sold with violations is applied; for each subsequent one — 150%. Separately, the State Service of Ukraine on Food Safety and Consumer Protection points out that if the seller refuses a non-cash payment, the buyer has the right to complain, but legislative exceptions for certain categories of sellers must be taken into account here. Law of Ukraine

Personal data, advertising and public offer

In e-commerce, consent to the processing of personal data can be provided by ticking a box during registration in the system, but only on the condition that the purpose of processing is clearly formulated, and the system itself does not allow processing data before such consent is given. Thus, pre-ticked checkboxes, vague purpose formulations, and "silent consent" are high-risk zones. Law of Ukraine

Advertising and any commercial communications cannot mislead the consumer. The Law "On advertising" defines unfair advertising as that which misleads or can mislead through inaccuracy, unreliability, ambiguity, exaggeration, or omission. Separately, the Law "On protection against unfair competition" prohibits the dissemination of incomplete, inaccurate, or false information, including in advertising, if this affects or may affect the intention to purchase a product or service. For an online store, this means that the product card, banner, price, "promotion" promise, delivery terms, and warranties must match each other and the actual terms of sale. Law of Ukraine

A public offer and standard store rules must also be carefully formulated. The current Law No. 1023-XII prohibits unfair terms in contracts with consumers, in particular, terms on unilateral modification of product characteristics, disproportionately large compensation from the consumer, restriction of their rights in case of contract violation by the seller, or terms with which the consumer had no real opportunity to familiarize themselves before concluding the contract. Law of Ukraine

Who the consumer will turn to and what this means for business

From a practical point of view, the first escalation point is the State Service of Ukraine on Food Safety and Consumer Protection. On the official portal of the service, there is an electronic appeal form, where the appeal type "Complaint" and the topic "Consumer rights protection" are explicitly provided. On matters of purchasing goods, warranty repairs, warranty service, and provision of services, the State Service recommends contacting its territorial bodies. consumer.dpss.gov.ua

If a business entity denies a consumer the realization of their rights regarding a product of inadequate quality, exchange of a product of proper quality, or rights in the field of works and services, Article 23 of Law No. 1023-XII provides for a sanction in the amount of ten times the product value, but not less than five non-taxable minimum incomes of citizens. For the realization of dangerous products, the sanction is even higher — 300% of the batch value, but not less than the established minimum. Law of Ukraine

Consumer protection bodies have not only penal powers. They can temporarily suspend the realization of products without proper information and documents or with an expired shelf life, impose penalties under Article 23, temporarily terminate the activities of trade and service divisions if they systematically violate trade rules, storage, and transportation conditions, and also submit proposals for a temporary suspension or early cancellation of a permit for the relevant type of activity in case of systematic violation of consumer rights. For an entrepreneur, this means that the risk lies not only in a fine but also in stopping sales, losing permits, and reputational damage. Law of Ukraine

What an entrepreneur should do right now

Official sources

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