The Committee on Contracts of the Consumer Protection Commission of Thailand approved the draft of Notification regarding cash-on-delivery (COD) services as a controlled-receipt business under the Consumer Protection Act B.E. 2522 (A.D. 1979). It was published in the Royal Gazette on July 5, 2024. Therefore, it will come into effect on October 3, 2024, 90 days from its publication.
The notification specifies the responsibilities of goods transportation service providers (business operator) that collect payments on delivery from consumers with the following specifications.
The responsibilities of the business operators in providing the receipt
The receipt shall be clear and easily understandable in Thai with font size of at least 2 millimeters and no more than 11 characters per inch and there must be text containing the following key information:
(a) Details about sender of goods: full name, address, phone number, and email;
(b) Details about business operator: full name, address, phone number, and email;
(c) Details related to shipping goods: tracking number, the nature of the goods, the name of the person authorized to issue the receipt, information about the employees responsible for delivering goods and collect payments from consumers, etc.;
(d) The message that the consumer has right to reject the goods or receive a refund; and
(e) Signatures of the person authorized to issue the receipt and the recipient payment.
The receipt shall not contain the statement that exempts or limits the liability of the business operator and the sender of goods, that states consumers are not allowed to exchange or return goods and that states the business operator and the sender will not refund the consumer or any similar text.
The responsibilities of the business operators to refund
(1) In the case which the consumer receives goods that do not match the order or the goods are defective.
(2) In the case that consumer did not place an order but received goods with cash on delivery payment collected.
If the costumer receives and inspects the goods in front of the business operator, the costumer shall record photographic or video evidence or any other documentation as proof. If, upon inspection by both, it is found that the goods fall into either of the aforementioned cases, the consumer has the right to reject the goods.
However, If the consumer is unable to inspect the goods at the time of receipt and records photographic or video evidence or any other documentation as proof and provides the evidence to the business operator and the business operator does not dispute the evidence within 5 days, the consumer has the right to reject the goods and receive refund.
The responsibility of the business operator to hold funds
When the business operator receives payment for the goods from the customer, the business operator is required to hold the funds for 5 days from the date that the consumer received the goods and made the payment.
But if the consumer notifies the business operator within the 5-day period and requests a refund and after inspection it is confirmed that there is any issue with the goods, the business operator shall refund a full amount of payment to the costumer within 15 days from the notification date. Additionally, the business operator shall return the goods to the sender of the goods.