Legally regulated for the first time in FBiH: These are the new legal rules for online commerce

That non-working Sundays and holidays must be days off for trade workers is not the only significant provision of the recently adopted Law on Internal Trade of the Federation of Bosnia and Herzegovina. Namely, this is the law that also treats online (electronic) commerce.

Internet trade is on the rise and has not been regulated in FBiH until now. It is not rare that it is used as a means of fraud, that a good part of the gray economy is precisely on the Internet and that things that should not be sold are sold on the Internet.

In fact, the Law on Internal Trade treats distance selling and electronic commerce as a form of distance selling. Distance selling is defined as the retail trade of goods and the provision of services using means of communication between physically distant persons.

Distance selling  can only be organized by a merchant who has registered for this type of trade, and for distance selling it is necessary to ensure:

  • Office space for performing administrative tasks;
  • Adequate storage for goods to be sold;
  • Adequate space for hygienic and sanitary conditions.

The contract for the sale of goods at a distance is concluded between the merchant and the consumer by means of remote communication, in accordance with the provisions of the Law on Internal Trade and the law regulating consumer protection.

The mentioned contract must contain the price and other conditions of sale. The prices must be clearly and unambiguously indicated, and it must be indicated in particular whether the displayed prices include delivery costs, other manipulative costs, tax and other costs that in any way affect the displayed price.

The Law on Internal Trade stipulates that  electronic trade is  a form of distance selling, which is realized by offering, ordering and selling goods and services over the Internet. Electronic commerce is carried out as:

  • Sale of goods, that is, services through an electronic store as a basic form of electronic commerce;
  • Sale of goods, that is, services through an electronic platform that connects merchants and consumers – sales through an e-commerce platform;
  • Sale of goods through an electronic store or through an electronic platform, where the merchant does not have the goods in his inventory, but orders in his own name and for his own account from a third party, a manufacturer or a merchant with whom he has a cooperation/procurement agreement, who delivers the goods directly to the consumer (dropshipping in English).

In electronic commerce, which is carried out in the previously described way, it is not necessary to have a suitable warehouse for the goods.

Other forms of distance selling include means of mass communication, which primarily refers to catalog sales, radio and television sales (teleshopping in English), through mail, printed items, advertising materials with purchase orders, etc.

The Law on Internal Trade is already in force and is available at this  link .

Source: klix.ba