Is your e-business legal?
Online Consumer Rights
Problem:
Dear e-law doctor, we are a UK company and have heard about a new law giving internet consumers more rights in the European Union. Can you give me some advice on this?
Answer and Remedy:
Yes, we can, the UK Consumer Protection (Distance Selling) Regulations 2000 bringing into force The EU Distance Selling Directive have been published.
The regulations came into force on October 31, 2000. The DTI (the UK Department of Trade and Industry) has published a guide for business to ensure that all businesses selling goods and services to consumers by mail order, over the internet, by telephone or by fax, are aware of the new rights granted to consumers.
Consumers have the following rights:
a right to receive clear information about the goods or services before deciding to purchase and confirmation of this in writing
a cooling off period of seven working days
the right to receive goods or services within 30 days
Penalties:
Cancellation, refund, injunction
If a supplier fails to comply with the Distance Selling Regulations, consumers will be
able to cancel the contract and have any money they may have paid up
front refunded by the supplier. Where suppliers fail to refund the
consumer's money or fail to meet their statutory obligations, the
Director General of Fair Trading and Trading Standards Departments
will be able to take proceedings for an injunction.
Action:
Ask your lawyer to carry out a legal audit of your e-business, to ensure that your online business is compliant with your national and international e-consumer law.
Guest article by our legal contributors, © Abbiati e-law consultancy Ltd, 2001. Specialists in international e-business law:
e-law training
e-law consultancy
If you have a question for us or require training or consultancy please e-mail law@abbiati.co.uk
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