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  • "On the Internet, nobody knows you’re a dog."

    The law is doing its best to keep up to date with today’s technology but it is not easy!

    Here are some of the most important pieces of legislation

     

    Directive 97/7/EC on the protection of consumers in respect of distance contracts (Distance Selling Directive) http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:31997L0007

    Directive 2000/31/EC on certain legal aspects of information society services (E-commerce Directive), which both include information requirements with which website operators have to comply. http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32000L0031

    The Distance Selling Directive and the E-commerce Directive were implemented in the UK through the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334) (Distance Selling Regulations) http://www.legislation.gov.uk/uksi/2000/2334/contents/made

    and the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013) (E-commerce Regulations) http://www.legislation.gov.uk/uksi/2002/2013/contents/made

    In November 2011 both the Distance Selling Directive and Directive 85/577/EEC, known as the Doorstep Selling Directive, were replaced by Consumer Rights Directive (2011/83/EU) (Consumer Rights Directive). http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=CELEX:32011L0083

    The Consumer Rights Directive has been implemented in the UK by the The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (SI 2013/3134) (Consumer Contracts Regulations) which come into force on 13 June 2014.
    http://www.legislation.gov.uk/uksi/2013/3134/contents/made

    If you sell to Consumers READ THIS!

     

    After 13 June 2014 then the Consumer Contracts Regulations will apply http://www.legislation.gov.uk/uksi/2013/3134/contents/made

    You must by law provide detailed information to all your shoppers and you must provide some form of cancellation which must be provided pre-contract and confirmed post-contract.

    You must obtain your customer’s express consent to any charges which are payable in addition to the prices already ie gift wrapping.

    Key Changes

     

    Snapshot of key changes

    • You MUST seek the consumer’s express prior consent before taking any additional payments (for example, pre-ticked boxes are not permitted).
    • You MUST deliver any goods purchased within 30 calendar days.
    • NO USE OF premium rate telephone lines.
    • NO excessive payment surcharges when consumers pay by credit or debit cards.
    • YOU MUST give your customer certain information pre contract ie in the about us and contact us information.
    • CANCELLATION PERIOD extended to14 calendar days, can be extended by one year.
    • You MUST provide the consumer with a model cancellation form.
    • You MUST make it clear that payment is to be triggered.
    • ALLOW a customer to keep the goods pending their return.

    AND IF YOU DONT?

    Its not only bad PR but you will be in breach of contract and can be sued in the County Court. In addition the OFT and other consumer protection bodies are responsible for enforcing the requirements set out in the Distance Selling Regulations, the Consumer Contracts Regulations, the E-Commerce Regulations, the CPUT Regulations and the POS Regulations.. They have the right to make applications to the courts for enforcement orders (so-called “Stop Now Orders”) to prevent suppliers from infringing the provisions of the above regulations and other European consumer protection legislation. The courts may also order businesses and service providers to publish corrective statements with a view to eliminating the continuing effects of past infringements. The orders were originally governed by the Stop Now Orders (EC Directive) Regulations 2001 (SI 2001/1422) but have now been subsumed into Part 8 of the http://www.legislation.gov.uk/ukpga/2002/40/contents

  • TESTIMONIALS

    • Martin Holgate - Entertainers Worldwide™ Ltd

      “Alongside professional and prompt response, Lawdit Solicitors provided my company with clear and concise terms & conditions for my companies website. A professional & friendly service, thank you!”


    • Properite.co.usa

      "Stay Legal provided a fantastic personalized service to ensure we complied with all the e-commerce legislation. They also helped us launched the Properite Landlord Software brand online, as well as registering the trademark in the EU."


    • Properite.co.aus

      "Stay Legal provided a fantastic personalized service to ensure we complied with all the e-commerce legislation. They also helped us launched the Properite Landlord Software brand online, as well as registering the trademark in the EU."


    • Properite.co.uk

      "Stay Legal provided a fantastic personalized service to ensure we complied with all the e-commerce legislation. They also helped us launched the Properite Landlord Software brand online, as well as registering the trademark in the EU."


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