York Business owners must ensure that
their website terms and conditions comply with the new Consumer
Contracts (Information, Cancellation and Additional Charges)
Regulations or they may not be able to enforce a contract or
collect debts owed.
This applies to any purchases made
on premises and at a distance, obligating traders to provide
certain information to consumers.
Here
are the changes you need to be aware of:
- you must extend your cancellation or cooling-off period to 14
days and provide a model cancellation form with the right to
cancel; - make clear where any step triggers a payment on your website,
for example with a ‘pay now’ button; - you can no longer include pre-ticked boxes that tie consumers
into additional payments; - helplines must be basic rate not premium rate;
- delivery of goods must be made within 30 days unless specified
otherwise; - you must include extended pre-contract information, including
payment, delivery and performance arrangements; - if the main contract is cancelled, any associated contracts
will also be terminated; - where refunds are payable, they must cover the full price
including the cheapest delivery price; and - for internet and phone sales, you must ensure your customer has
an order confirmation, such as an email, no later than delivery of
goods or performance of services.
Terms and conditions must be
written in plain English. Some terms are automatically deemed
unfair and not binding, like those that prevent the customer
recovering their money on cancellation.
Plus, if your website collects
personal data, then you need to comply with the rules contained in
the Data Protection Act, such as obtaining consent from the
customer. There are also strict rules on website cookies, in that
you must give users the opportunity to refuse them.
It is important to keep your
policies, terms and conditions up to date. Doing so will keep your
contracts enforceable and help prevent customer disputes.
Published: January
2015
Contact us:
For further information on website
terms and conditions, trading online or any other commercial law
problem, please contact Peter Kay (Senior Director)
on 01904 716000.