Ineficacia del derecho de desistimiento en el comercio electrónico ecuatoriano: vacíos y propuesta normativa.

Abstract

The online shopping experience allows for transactions to be carried out without direct contact with the goods, effectively eliminating the relationship with the supplier. This dynamic creates information asymmetry and necessitates a suitable right of recourse. Article 45 of the Organic Law for Consumer Protection addresses the return of merchandise and establishes a fifteen-day timeframe; however, the subsequent procedures are not clearly defined. This research analyze the procedural gaps in the right of withdrawal and offer a legitimate response. The dogmatic-legal qualitative, and comparative method was used in order to be drawing on primary sources, between Constitution, laws, regulations, and jurisprudence at both the national and international levels. Norms of the United Nations, the European Union, Spain, Colombia, and Argentina were used to give some weight to this investigation. In the results some uncertainty regarding were founds, in communication, evidence and refunds. At the end, the drawal is recognized but with uncertain politics practices. As a result the E-Commerce Law with a framework featuring traceable procedures and deadlines, define responsibilities.