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27.04.2016 - Terms and Conditions; are you compliant?

A number of major companies were named and shamed by the consumer website Money Saving Expert last month because their online terms and conditions failed to comply with legislation. 

 

In order to standardise consumer rights across the whole of the EU, the Distance Selling Regulations 2000 were replaced in 2014 with the Consumer Contracts - (Information, Cancellation and Additional Charges) Regulations 2013. These regulations apply to companies that conduct business with the public away from their premises such as online sales or by visiting people in their homes.

The regulations introduced a number of contract law changes including statutory cooling off periods, timeframes for returns and more.

In addition, companies are obliged to:

  • provide certain pre-contract information to customers;

  • deliver purchased goods within 30 days (unless otherwise agreed);

  • seek consent before taking any additional payments, e.g. for delivery costs;

  • supply a cancellation form where the customer has the right to cancel the contract; and

  • avoid using premium rate contact numbers for customers to discuss existing contract.

Included in those named and shamed were several big names. For instance Currys/PC World and House of Fraser were criticised for providing online T&Cís that were incorrect and/or providing outdated information about customerís legal rights. 

  

If you breach or ignore the Regulations trading standards can take court action. The maximum penalty is an unlimited fine and two yearsí imprisonment.

 

Are your Terms and Conditions up to date?  Are you compliant? Is your pre-contract information up to date? Failure to comply puts your business at risk, talk to our team today on 01206 577676.

 


Did you know..?

The current Inheritance Tax Threshold is £325,000