Do you sell to consumers?

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Do you sell to consumers?

Additional rules apply to contracts concluded with consumers after June 13 2014 for on-premises contracts (buying in a shop), distance contracts (including online sales) and off-premises contracts. Different rules apply to the different types of sales.

The cooling off period (right to cancel a contract without giving any reason if it is an off-premises or distance contract that can be cancelled) is being extended from seven to fourteen days.

The rules are set out in the European Union (Consumer Information, Cancellation and other Rights) Regulations 2013 (the Regulations).

What are your obligations?

To provide clear and comprehensive Information

The information to be provided for on-premises contracts is set out in Schedule 1 to the Regulations.

The information to be provided for off-premises contracts and distance contracts is set out in Schedule 2 to the Regulations.

The information must be legible and in plain intelligible language.

A copy or confirmation of the contract must be provided to the consumer within a reasonable time of the contract being concluded. 

Consumers are not liable for costs and expenses where the information on such charges is not provided to the consumer  for example freight, delivery, postal charges or costs of returning the goods.

Any delivery restrictions and the accepted means of payment must be set out at the outset.

To ensure that the consumer explicitly acknowledges that the order implies an obligation to pay.

If the consumer needs to activate a button or similar function to purchase, the button should contain a label, with only the legible words "Order with obligation to pay" or other equivalent unambiguous language.

 For contracts that can be cancelled the model cancellation form (set out in Schedule 3 Part B of the Regulations) must be given to consumers. Model instructions for cancellation are set out in Schedule 3 Part A to the Regulations.

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Disclaimer

The material in this article is for general information purposes only and does not constitute legal or taxation advice. Specific legal and taxation advice should be sought before acting. All information and taxation rules are subject to change without notice.

No liability whatsoever is accepted by M. McLoughlin & Co. for any action taken in reliance on the information in this article

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