The Second Cassation Court has confirmed that parents have the right to refuse purchases made by their children through shared accounts in online stores.
The court was considering the case of a Moscow resident whose one-and-a-half-year-old daughter accidentally pressed the «place order» button in her personal account in the application, selecting 102 items that were in the cart. When the woman tried to cancel the order, she was refused because the goods had already been transferred for assembly and shipment. As a result, the seller demanded payment for the delivery and storage of the goods.
She appealed this decision to the court, but initially unsuccessfully. The courts noted that she contacted technical support, but did not send an application to the official email address.
The Cassation Court of the capital sided with the plaintiff, pointing out that she immediately refused the goods and sent a complaint in the prescribed manner. The court's decision states the following: «formally referring to the plaintiff's failure to comply with the rules of using the trading platform, the judicial authorities ignored the plaintiff's arguments, thereby depriving the consumer of the right to protection».
