E-Commerce (Distance Selling) Consumer Protection Guidance Note.
The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide enhanced levels of consumer protection in a range of transaction types, most significantly distance sales and off-premises contracts.
The Regulations impose strict requirements on traders including those relating to pre-contract information, cancellation or “cooling-off” rights, refunds, the imposition of additional charges and the confirmation of contracts. The Regulations came into force on 13th June 2014 and apply to all relevant contracts formed as of that date.
As the Regulations apply to distance selling, they are particularly important for e-commerce traders.
Not only should traders take great care to ensure correct and full compliance with the Regulations but they should also ensure that the way in which they comply does not compromise the end-user / customer experience. Some of the requirements laid down by the Regulations have the potential not only to be onerous on traders but also to add irritating complexity to transactions from a customer’s perspective.
Website Terms of Sale E-Commerce Sale of Goods
The E-Commerce Sale of Goods Website Terms of Sale is designed for use by on-line retailers on e-commerce websites providing goods to consumers. These terms are sufficiently broad to cover virtually any kind of goods sold on a single-transaction basis on our website.
Using consumer-friendly language, our e-commerce terms of sale guides customers through the order process, explaining the formation of the contract between them and StockWorld, also setting out details on goods, pricing and availability with particular regard for the accuracy of, and changes to such information, payment, delivery, risk and ownership.
Of particular importance is the customer’s right to cancel. In some cases, this may arise because the goods do not comply with the contract. In other cases, the customer may wish to cancel under the 14-day cooling off period granted to them under the 2013 Consumer Contracts Regulations.
Further key provisions deal with guarantees including options both for guarantees provided by the retailer and for those provided by third party manufacturers, liability, events beyond the retailer’s control, customer complaints with reference to complaints handling policies and procedures, contact information, and data protection.
Our E-Commerce Sale of Goods Website Terms of Sale contain the following clauses:
- Definitions and Interpretation
- Information About Us
- Access to Our Site
- Age Restrictions
- Business Customers
- International Customers
- Goods, Pricing and Availability
- Orders – How Contracts Are Formed
- Delivery, Risk and Ownership
- Faulty, Damaged or Incorrect Goods
- Cancelling and Returning Goods if You Change Your Mind
- Our Liability to Consumers
- Events Outside of Our Control (Force Majeure)
- Communication and Contact Details
- Complaints and Feedback
- How We Use Your Personal Information (Data Protection)
- Other Important Terms
- Law and Jurisdiction