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E-Commerce (page2)
What about online contracts?
If customers can place an order online the
following information must be given in a clear, comprehensive
and unambiguous manner before the order is placed:
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Technical steps to follow in order
to conclude the contract including the point at
which customers will commit themselves to the
contract |
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Whether the contract will be filed by the business
and whether it will be accessible to the customer |
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Technical steps to follow to amend any inputting
errors prior to placing an order |
Other information that in general must be given if
it applies:
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Codes of conduct relevant to the
particular order |
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Allow terms and conditions to be stored by
the customer |
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Acknowledge receipt of the order electronically
without undue delay
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NB Most of the above requirements
do not apply to online transactions between two businesses
if both parties agree to opt out of them.
What are the consequences of not complying?
The Regulations are intended to break down
marketing barriers across the UK and Europe and to boost
consumer confidence in e-commerce and therefore compliance
could increase your market opportunities.
Non compliance with the Regulations however could have
serious consequences in that customers may be able to:
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Cancel their order at any stage
without being in breach of contract |
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Seek a court order against you |
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Sue for damages if they have suffered a loss
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The Trading Standards Service and the Office of Fair
Trading may also be able to apply to the courts for
a "Stop Now Order" (a type of injunction)
if failure to comply harms the interest of the consumer.
Failure to comply with the Order may then be held to
be a contempt of court which could result in a fine
and/or imprisonment.
Other requirements that may apply to online
sales
The Consumer Protection (Distance Selling)
Regulations 2000 specifically apply to online contracts
as the seller and buyer are not in the same physical
location when entering the contract. Click
here for more information.
Back
to E Commerce (page
1)
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