26 of October of 2020
Fine imposed on Rappi for non-compliance with administrative order

The SIC, through Resolution No. 40212 of August 28, 2019 ordered Rappi to:

1. INDICATE to consumers, prior to the acceptance of the offer made, their right of redemption and reversal of payment in transactions carried out by electronic commerce.

2. INCLUDE on their APP and on the website a link that allows consumer to enter the website of the Superintendence of Industry and Commerce.

3.  ALIENATE on their APP and on the web page a visible link for PQRS, with proof of the date and time of its filing, access to information related to its processing.

4. ADJUST the clauses of the terms and conditions and other documents so that the responsibility of the supplier is not excluded, where it is not establish the waiver of rights of the consumer, where it is not  not presume their expression of will,  where it is not restrict the possibility of making effective the guarantees and guarantee the exact returns.

5. INCORPORATE in all its commercial advertising with incentives, the information related to the terms and conditions to access them.

6. INFORM on their app and on the website the total price of the products, including all taxes.

7. INCITE Rappi so that, in the agreements of cooperation celebrated with its commercial allies, the intervention of each one of the subscribers of the agreement is established in a clear way on the effectiveness of the guarantee.

However, through Resolution 65397 of 2020, it was determined that Rappi failed to comply with certain parts of the agreement in an integral manner and others partially, for which reason it imposed a fine of COP$702,242,400. The above is since Rappi is considered an e-commerce platform before the mentioned authority and not a contact portal. At the same time, it was express that this position was focused on that:

1. Rappi intervenes in the transactions that are carried out through its platform and increases its patrimony through them.
2. Rappi has its own forms of payment.
3. Rappi attends directly to the PQRS and are entitled to use the tool of SIC facilitates (SIC FACILITA).
4. Rappi directly advertises products and services offered through the platform. 
5. Rappi has the power to subrogate itself in the position of the Rappitenderos and become the creditors of the consumer relationship. 

See full text of Resolution Number 65397 of 2020.


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