One of the largest the Internet-shops Ozon announced the launch of the project “Ozon.Account” in which customers will be able to receive interest on the account balance or cashback in points. The product is created without the participation of financial institutions, and hence the control of the Central Bank, although allows you to Deposit funds and to withdraw them, and in the company talking about being able to keep the hundreds of thousands of rubles. Ozon positions it as a down payment, however, experts believe that the proposed scheme on the verge of legality.The Internet-shop Ozon announced that now its customers can get the interest on the balance or cashback in points from the amount stored in their user accounts. These points can be paid up to 99% of purchase cost. Now available in test mode for a limited sample of users.”At the stage of the pilot the maximum amount that the client can keep on “Ozon.Account”— 200 thousand rubles.,— said “Kommersant”, the Vice-President, digital financial services in Ozon VAE Ovasapyan.— Accumulated points customers can spend on purchases in the framework of the ozone, and the advance payment or its part at any time to withdraw, the fees for withdrawal on the side of the Ozon no.” At the same time Mr. Ovasapyan assured “Kommersant” that “”Ozon.Account” — not a Bank product, and a part of the personal client Cabinet Ozon, where he can make an advance payment for the future purchase of goods at site”. According to him, the advance payment stored on Ozon. The estimated number of points for calculation is either cashback depending on activities or percentage of the amount of the advance payment.Still a loyalty program, the ozone was the use of the cards, like most retailers. Partner the issue was rnko “Payment center”. But in this case, Ozon decided not to use financiers, although certain operations without their participation according to the law, it would seem impossible.Around the new service Ozon, a discussion of experts. “Without an analysis of the contractual documentation it is difficult to draw conclusions about the legality of the scheme— said the partner of the Moscow colleagues advocates “Iontsev, Lyakhovsky and partners” Igor Dubov.— Keeping money in “Ozon.Account” is not equivalent to a Bank account or Deposit, as for the specified account earn points, not money.” Thus, according to him, the use of the advance scheme for the qualification of the relationship between ozone and the owner of the account is questionable as an advance, as a rule, is a payment on an existing obligation, which determines all its essential terms, and in the situation of “Ozon.Account” such an obligation is missing.”Whatever the legal basis of this scheme, nor cited, in my opinion, it is borderline from a legal point of view, and an assessment of her needs to give primarily the Bank of Russia,— says partner of law Bureau “DeputyMoskvorechie” Dmitry Shevchenko.— The design of the evolving relationship, where the balance of funds are awarded points, like a Bank Deposit, that the necessary banking license”. Accordingly, the question immediately arises of Deposit insurance, the issues of combating money laundering and cashing out, and other that relate to the regulation of the banking activities, he continues.”This practice is not contrary to the law on banks and banking activities, as here, the principle “what is not forbidden is allowed”, a ban on such fundraising is not set,— says partner of BMS Law Firm Denis Frolov. But it should be understood that terms such as Deposit and account used in this case is not in a direct sense, and this practice may be the subject of verification of CPS or securities, as it may introduce consumer confusion”.The Bank of Russia refrained from commenting on the new practices Ozon. “From a formal point of view, Monitoring can be questions in connection with this program, but the result will ultimately depend on how Ozon justify the relationship between its commercial benefit and is provided by “kasbekar””— concludes the lawyer the online store La Redoute Julia Chuykova.Ksenia Dementieva
