[x-pubpol] New UK Distance Selling Rules For Internet Traders

[Joly MacFie]

*(via Will Roebuck)*


 *If you're contracting over the Internet with UK consumers you'll need to
comply with the new Distance Selling Regulations which came into force on
13th June 2014.*

The Consumer Contracts (Information, Cancellation and Additional Charges)
Regulations 2013
<http://www.legislation.gov.uk/uksi/2013/3134/contents/made> implement the
European Union's Consumer Rights Directive
<http://www.eradar.eu/law-policy/on-radar/eu-communication/consumer-rights-directive/>
into
UK law. The Directive aims to encourage growth and consumer confidence
through the harmonisation of rules so that traders and consumers face only
one set of requirements wherever they sell or buy in the EU.

The new UK regulations

   - extend the previous cooling-off period from 7 to 14 days.
   - now include digital content - data which are produced and supplied in
   digital form.
   - require traders to provide information about the contract to the
   consumer.

14-day cooling-off period

Goods bought over the internet can be cancelled up to a minimum of 14 days
"after the day on which the last of the goods come into the physical
possession of the consumer, or a person, other than the carrier, identified
by the consumer to take possession of them".

Sellers must obtain the 'express permission' of the consumer in order to
supply them with digital content during the 14-day cancellation period.
Consumers lose their cancellation rights when (1) they give their express
permission to receive digital content and (2) the business has received
their acknowledgement.
Cancellation rights

Traders are unable to charge consumers for any digital content where the
contract is (1) subsequently cancelled during the 14-day period, (2)
express permission has not been given or (3) acknowledgement has not been
received.

Traders must also ensure that consumers receive confirmation of the
contract they have entered in to ensure the distance selling contract is
valid.
Returns and refunds

In cases where those cancellation rights are exercised, traders are
generally required to issue a refund to consumers "without undue delay",
including in certain cases delivery charges they had imposed, after goods
are returned by consumers.

Where the delivery of goods consists of multiple components, the 14 day
cancellation period begins "after the day on which the last of the lots or
pieces" are delivered to the consumer.
Information requirements

The new Distance Selling Regulations replace the 'Distance Selling'
Regulations 2000 (as amended)
<http://www.eradar.eu/the-consumer-protection-distance-selling-regulations-2000/>
for
all contracts entered into after 13th June 2014. Traders must provide
consumers with a "clear and comprehensible" list of information. This
information must include

   1. a description of "the main characteristics of the goods or services";
   2. the name and address of their business,
   3. the total price of the goods or services being sold,
   4. payment and delivery arrangements and
   5. details of "the conditions, time limit and procedures" that apply to
   cancellations, among other things.

Traders must also "make available to the consumer a cancellation form"
should they wish to exercise a right to cancel under the regulations.
Penalties

Traders that fail to provide information relating to consumers'
cancellation rights ahead of finalising an "off-premises" contract with
them are committing an offence and may be fined.
Further information

Please visit the Distance Selling Hub
<http://dshub.tradingstandards.gov.uk/> at Trading Standards.

-- 
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Joly MacFie  218 565 9365 Skype:punkcast
WWWhatsup NYC - http://wwwhatsup.com
 http://pinstand.com - http://punkcast.com
 VP (Admin) - ISOC-NY - http://isoc-ny.org
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