Stay Legal UK

confused woman

It is no secret but the High Street is on its last legs. By 2023 it is estimated that 71.2% will be using their smart devices to buy stuff. Its quite a figure and for the next two years everybody will be seeking to develop their online businesses.

Throw in the pandemic and its never been a better time for businesses to focus and develop their continued growth of E-commerce. According to https://www.emarketer.com/content/uk-ecommerce-2019 total retail sales will reach £476.65 billion ($635.46 billion) whilst e-commerce sales will grow 10.9% this year, to reach £106.46 billion ($141.93 billion) and 22.3% of total retail. This year, 58.9% of e-commerce will be attributable to smartphones.

Here’s a shortlist of the top 9 largest websites in the world

  • Amazon – United States
  • Jingdong – China
  • Alibaba – China
  • eBay – United States
  • Rakuten – Japan
  • B2W – Brazil
  • Zalando – Germany
  • Groupon – United States
  • Staylegal.co.uk- UK

 

amazon website logo on a wall

 

Why Stay Legal? What must be included?

Whether you sell or encourage someone to buy then your website must have:

  • A visible link to the data protection policy?
  • Positive consent box confirming the data protection policy has been read and understood
  • Interactive banner explaining the use of cookies on my website? Do we have a link available with information on the use of cookies?
  • Can a user make contact with the you? Must be a way for a user to reach out.
  • Detailed information on delivery periods, payment methods and cancellation options) been specified to the client?
  • Does the user receive a notification of purchase – either electronically or through another method – within 24 hours.
  • The website must tell the visitor how contractual procedures regarding products and/or services will be implemented.
  • Users must know about the technical means available to them in case they wish to exercise their rights to modify, correct, or eliminate information.
  • The website must be clear about its terms of use – as well as indicating how electronic documents containing information on the provider, client, products and/or services will be stored.

Under the directive on consumer rights, consumers have 14 calendar days to exercise their right to withdraw from the contract if they are not satisfied with the product. The e-commerce website must inform the user of this right. If this right is not clearly stated, the user will have a longer period of 12 months.

Cookies are pieces of data sent by websites that remain stored on a user’s computer to facilitate future web browsing. However, cookies can also pose a security risk.

This means that your e-commerce website must have a cookies policy informing the user that cookies are being used when they access the website.

When gathering user information (via registration, purchase, or contact forms) from those who visit your e-commerce website, you are obligated to notify the user.

You must also indicate both:

  • Where their personal data is being registered
  • Which management tools they may use for future access, modifications or cancellations

All of these policies are designed to offer a higher level of user security for those browsing e-commerce websites.

It is also recommended that you stay informed on e-commerce in the EU single market, including on the European directives aiming to establish a harmonised regulatory framework among EU countries.

The Legislations

The E-Commerce Regulations

Electronic Commerce (EC Directive) Regulations 2002

Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013)

This Regulation is one which establishes legal rules which require compliance from online retailers, as well as service providers, when dealing with consumers of the countries in the European Union. It applies to any contracts conducted by electronic means, with the consideration of distance, whereby the buyer is a consumer.  The terms and conditions under which the contract was concluded are required to be available to all consumers in a way which can be stored and reproduced.

An obligation which is imposed upon the seller is that they must state the technical steps involved in placing the order in a “clear comprehensible and unambiguous manner”. Furthermore, knowledge which must be provided to the consumer includes information about the seller and how the contract will be made, through electronic means. There is also the requirement of acknowledging the receipt of an order placed electronically, without undue delay. Prior to placing the order, the service recipient must hold appropriate and accessible technical means to be able to identify and correct input errors.

For any further information you may require please visit the GOV.UK website:

http://www.legislation.gov.uk/uksi/2002/2013/contents/made

  • The PSRs:

Provision of Services Regulations 2009 (PSRs)

Provision of Services Regulations 2009 (SI 2006/2999)

The PSRs is applicable to the majority of private sector businesses within the UK, which provide services to consumers. It holds the requirement that a trader must provide consumers with certain information about the business, as well as deal with customer complaints in a prompt manner.

There should be no discrimination against consumers in the provision of services regarding place of residence, unless it can be justified objectively.

For any further information you may require, please visit the GOV.UK website:

https://www.legislation.gov.uk/uksi/2009/2999/contents/made

  • The Consumer ADR Regulations

Alternative Dispute Resolution for Consumer Disputes Regulations 2015

Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 (SI2015/542)

This regulation was introduced with aims of improving the availability and quality of ADR services in consumer disputes. There is no requirement or need for any existing ADR providers to become approved, however if you are not registered, it is likely that other approved ADR providers will have disputes being allocated to them.

If you require further information, please visit the GOV.UK website:

http://www.legislation.gov.uk/uksi/2015/542/contents/made

 

PSRs

Outlined below is a list of certain information which must be provided in a clear and unambiguous manner, all in good time before, the finalising of a contract.

  • Acknowledgement that an order implies an obligation to pay

This factor addresses the need for a consumer to be explicitly aware there is an obligation to pay. Where the clicking of a button is involved, in order to pay, the function must be labelled in a clear manner. Acceptable terms include ‘confirm purchase’ or ‘pay now’. Terms which will not suffice include ‘register’, ‘confirm’ or any ambiguous, unnecessarily long phrases, which conceal the requirement to pay.

  • E-Contracting

When a contract is concluded electronically the trader must ensure to provide the following:

– the different steps which must be followed in order to finalise the contract

– the technical means for identifying and correcting input errors prior to the placing of the order

– the languages offered for the conclusion of the contract

  • Information about the right to cancel

It is not required for this information to be placed directly before the consumer when placing the order, however if the contract is made by limited means of communication, the information regarding cancellation must be included. A trader should also include this information in the Term and Conditions.

  • Trader to acknowledge orders

The trader must acknowledge orders without any undue delay. E-mail of receipt should be sent immediately after the consumer has placed the order.

  • Payment and delivery arrangement

The delivery duration for the goods or performance of service should be included in the initial offer.

  • Payment for returning the product: Consumer’s obligation

The consumer must be made aware if they have to bear the costs of returning the product, if unsatisfactory. This can be included in the product page and the checkout page. Where different prices vary by product, information could be customised.

  • Contact details and address

The trader is required to provide the address at which he is established, and if possible, telephone number, E-mail address and fax number which would allow for efficient communication between the two parties, if necessary. If the service provider has provided an official address, the trader is by law required to register, notify or maintain that address, for the purpose of receiving notices.

  • Registration Number

If the provider is registered in a trade, they must provide the name of the register and provider’s registered number or the equivalent (registration number).

  • Professional Liability Insurance

Where a provider holds any professional liability insurance or guarantee, they should provide contact details and information about their insurer. This can be placed in the Terms and Conditions.

  • Authorisation Schemes

If any activity is subject to an authorisation scheme, the particulars of the relevant authority should be addressed. An example of an authorisation scheme includes the Charity Commission.  Advice as to where this information should be positioned is not given by the Commission Presentation Recommendations, however the Terms and Conditions appear an appropriate place to do so.

  • VAT Number

Positioning once again not suggested, however being visible via a link or terms and conditions appear sufficient.

  • Identity and address of another trader whom the trader is acting on behalf of

Where one is acting on behalf of another, there is the requirement to provide the geographical address and the identity of the other trader. An example used by the Commission Guidance illustrates that if a trader provides an online trading platform, selling content offered by different developers, the platform provider should ensure to display information about those developers.

  • Reminder of the trader’s legal duty

Regarding the quality of the goods or products, there is the suggestion that a visible link should be provided as to the trader’s legal duty to supply goods which conform with the contractual agreement.

  • No right to cancel

Where a consumer does not possess the right to cancel an order, or that right may be lost subject to conditions, this should be outlined prior to the placement of the order. This can be included in the product page and the checkout page.

  • Details of Codes of Conduct

A trader must portray the existence of any relevant codes of conduct which they have chosen to comply with. The Commission Presentation Recommendations suggest a link to this should always be visible.

  • Complaint and redress mechanisms

The outlining of the possibility of having recourse to an out-of-court complaint and redress mechanisms, to which the trader is subject to, if applicable. No information of positioning is provided however, visible via link or set out in the Terms and Conditions is sufficient.

  • Alternative Dispute Resolution

If a trader is by law obliged to utilise ADR services provided by an ADR entity, the trader must provide the name and the website of the ADR entity in their Terms and Conditions, as well as their website, as per the ADR Regulations. As from 15 February 2016, every online trader is required to provide a link to the ADR platform on its website.

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