AI shopping assistants on product pages: disclosure, recommendations and returns questions
What applies to a shopping assistant
| Part of the chat | Rule | What to do |
|---|---|---|
| Assistant greets the customer | AI Act Article 50(1) and (5) | Say it is an AI, at the latest at the first message |
| Product facts, sizing, materials | Unfair Commercial Practices Directive, Articles 6 and 7 | Answer from the product data, say when it is unknown |
| "Show me the best running shoes" on a marketplace | UCPD Article 7(4a) and Annex I point 11a | Explain how results are ranked; label paid placement |
| Returns and refunds | Consumer Rights Directive, Articles 6(1)(h) and 9 | State the withdrawal right correctly |
The AI disclosure
Article 50(1) applies to an AI system that interacts directly with people, and Article 50(5) says the information has to come at the latest at the first interaction. On a product page, that means in the assistant's first message or the chat panel header, not in the shop's terms:
"Hi, I'm the shop's AI assistant. Ask me about sizing, materials or delivery. For an order problem I can put you through to our team."
A sparkle icon and the word "Assistant" are not obviously an AI to every customer. Say it in words. More options are in the disclosure wording guide.
Product and sizing answers
What the assistant says about a product is the shop speaking. Under the Unfair Commercial Practices Directive, false information about a product's main characteristics, and leaving out information the customer needs, are misleading practices.
- Materials, dimensions, compatibility and care instructions come from the product record, quoted as written.
- Sizing advice uses the shop's own size chart and says so ("Based on our size chart, a 38 fits a foot length of 24 cm").
- When the data is silent ("is it waterproof?"), the assistant says it doesn't know rather than guessing.
- No health, safety or performance claims the product page doesn't make.
- AI-written product descriptions have their own considerations; see the AI product descriptions guide.
Recommendations, ranking and paid placement
Since the 2019 amendments to the Unfair Commercial Practices Directive (Directive (EU) 2019/2161), two rules apply when a consumer can search for products "offered by different traders or by consumers":
- Ranking parameters (Article 7(4a)). General information on the main parameters that determine the ranking of results, and their relative importance, is material information. It has to be available in a section directly and easily reachable from the results.
- Paid placement (Annex I, point 11a). Showing search results without clearly disclosing paid advertising, or payment made specifically for a higher ranking, is unfair in all circumstances.
A marketplace assistant that answers "which blender should I buy?" with products from several sellers is providing results to a query, so both rules are worth applying to it: a short line on how it chooses ("I rank by your filters, rating and price; sponsored items are labelled") and a visible "Sponsored" label on paid items.
On a single-brand shop selling only its own products, these two provisions don't apply as written, since all products come from one trader. The general rule still does: a recommendation driven by a commercial reason the customer can't see (a supplier bonus, clearing old stock) and presented as neutral advice can be misleading. Keep the assistant's reasons honest ("This one is on sale this week").
Returns and refunds questions
Customers ask the assistant about returns more than anything else. The answers have to match the law and the shop's own policy.
- The 14-day right. For most online purchases of goods, the Consumer Rights Directive gives consumers 14 days to withdraw without giving a reason (Article 9), counted for goods from the day they receive them.
- Exceptions. Some goods have no withdrawal right, for example goods made to the consumer's specifications or clearly personalised, goods that can deteriorate quickly, and sealed goods unsuitable for return for health or hygiene reasons once unsealed (Article 16). The assistant should name the exception only where the product page does.
- Withdrawal versus faulty goods. A faulty product is a separate legal guarantee issue, not a withdrawal. The assistant should not tell a customer with a faulty item that "the 14 days have passed".
- The shop's policy. A longer voluntary returns period (30 or 60 days) is fine to state, as long as it comes from the policy text.
A wrong answer here is costly: the pre-contract information on withdrawal is part of the contract (Article 6(5)), and a Canadian tribunal held Air Canada to a refund policy its chatbot described wrongly (Moffatt v. Air Canada, 2024 BCCRT 149, reported; not EU law).
Checklist for a shopping assistant
- [ ] First message or chat header says it is an AI assistant.
- [ ] Product facts and sizing come from the product data and size chart.
- [ ] The assistant says when it doesn't know.
- [ ] Marketplace: ranking explanation reachable from the results, and paid items labelled "Sponsored".
- [ ] Single-brand shop: no hidden commercial reasons presented as neutral advice.
- [ ] Returns answers match the 14-day right, its exceptions and the shop's policy.
- [ ] Faulty-goods questions go to the guarantee route, not the withdrawal answer.
- [ ] Handover to a person for order problems.
Sources
- Regulation (EU) 2024/1689 (AI Act) on EUR-Lex: Article 50(1) and (5).
- Article 50 text at artificialintelligenceact.eu.
- Directive 2005/29/EC (Unfair Commercial Practices Directive) on EUR-Lex, as amended: Articles 6, 7 and 7(4a), Annex I point 11a.
- Directive (EU) 2019/2161, Article 3 at legislation.gov.uk, used for quoting the amendments to the UCPD.
- Directive 2011/83/EU (Consumer Rights Directive) on EUR-Lex: Articles 6(1)(h), 6(5), 9 and 16.
- Moffatt v. Air Canada, 2024 BCCRT 149, Civil Resolution Tribunal of British Columbia, reported.