These are sperate from each other but both are needed.
What is the The Consumer Protection (Distance Delling) Regulations 2000?
The Distance Selling Regulations incorporates European Directives (97/7/EC) into UK law. The legislation provides rights to the consumer and obligations which the seller must fulfill. Typical cases where the Regulations apply include goods or services ordered by telephone or over the Internet.
Information to be displayed before contract formation (in other words, before you pay)
- Who the supplier is, and their address
- A description of the goods or service
- The cost, inclusive of any tax
- Any delivery charge
- How payment should be made and how the goods or services will be delivered
- Notification of the right of cancellation
- Communication costs - for example, the cost of a premium-rate telephone number
- How long the contract offer is valid for
- How long the contract will last, if it is not a one-off performance
This information must be clear and comprehensible. Under Regulation 8 all this information must also be given to the consumer in a durable or storable medium along with all terms and conditions, a geographical address and, if the contract could last over a year, the conditions for taking contractual action.
Cancellations and refunds
The consumer has an automatic right to cancel and rescind a contract at any time from its formation until seven working days after the goods are delivered; or for service contracts, seven working days after the contract is formed (which might be before the service was to have been performed).
Where the supplier has not provided the consumer with all the required information, the consumer has an automatic right to rescind the contract within three months and seven days of delivery of the goods, or of formation of the contract (service contracts).
The automatic right does not apply to contracts made for:
- Products of fluctuating price.
- Audio or video recordings or computer software if they are unsealed by the consumer
- Supply of periodicals or newspapers
- Gambling purposes.
- Customised products.
What is the Electronic Commerce (EC Directive) Regulations 2002?
The Electronic Commerce (EC Directive) Regulations 2002 incorporates the EU Electronic Commerce Directives (2000/31/EC) into UK law. They apply to contracts concluded by electronic means over distance whereby the buyer is a consumer...in other words when a customer is using a website. This subordinate legislation provides for rights of the consumer and provisions for which the seller is obliged to fulfill.
Retailers/service providers must provide the following information to consumers when conducting business via electronic means:
- The technical steps involved in placing an order.
- The terms and conditions under which a contract is made. This information must be available to the consumer in a way that can be reproduced and stored.
- Prices must be clear and state whether tax or shipping costs are included.
- The name of the service provider, its email address (a contact form is not sufficient) and a geographic address.
- Acknowledgement of the order by electronic means and information on how to amend input errors made during the order process.
- If it is a company, the company's registration number and place of registration.
- Membership details, including registration number of any trade or professional association of which the service provider is a member.
Any breach of these requirements is considered a breach of statutory duty. If the consumer is not informed of how they can amend errors in an order, the contract can be voided.
Read more about our mandatory website requirements for all merchants applying for our merchant account and payment gateway solutions.
Learn more at www.web-merchant.co.uk
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