The European market is a multi-billion $ sector which you can not afford to ignore. If you are based within Europe, American or Canada you must be aware of
legal restrictions and requirements or face a hefty fine which could close your business. Don’t panic! I am going to make this so simple you can’t go wrong. The aim of this article is to guide you through
very simple steps required to comply with European law when selling goods online.
The law concerning these matters is widely similar throughout Europe but
advice given below relates specifically to English & Welsh law.
And if you think you don’t need to comply because you are outside Europe and nobody enforces one country’s laws in another country, you are wrong! International co-operation has never been stronger and jurisdiction laws may allow English consumers to sue you in
English courts – forcing you to incur considerable legal expenses defending a claim in a distant country.
Print this now and keep it by your to-do list so your next website update adapts
key principles outlined.
Let’s start with step one.
Step One
The aim of
law is to protect consumers and retailers and bolster confidence in online transactions. Put simply
law protects all, not just
purchaser. The relevant body of law is found in one document,
Consumer Protection (Distance Selling Regulations). These Regulations have been altered a little recently but this is not of great concern to this article.
Now we know where to find
law, lets look at what it does in step two.
Step Two
The law forces
seller, before
sum is debited from
purchaser, to:-
provide
purchaser with
identity and address of
supplier; and describe
characteristics of
goods to
purchaser; and show
price of
goods including taxes to
purchaser; and make shipping costs clear to
purchaser; and remind
purchaser that he or she has a right to cancel
purchase.
Now this may seem quite a lot to take on board but
chances are you already have most of it covered anyway. Nearly everyone provides
first four details regardless of local legal requirements. It’s just good business practice.
It is
last point, reminding
purchaser that he or she has a right to cancel, which is so important. We will look at this in step three
Step Three
However,
purchaser can notify you that he or she wants to cancel
purchase in a variety of ways –
most likely being my email, telephone call or fax.
In general
consumer must let you know they wish to cancel within seven working days. These seven working days start one day after
day on which
purchase was made. As long as
purchaser contacts you within this period they are entitled to cancel their purchase.
Even if
goods have arrived with
purchaser
right to cancel still exists. Now
law is not as short-sighted as you may expect. There will clearly be cases where common sense dictates certain items can not be returned or certain orders cancelled. These exceptions to
right to return/refund are discussed in step four.
Step Four
The most likely exception to be of use to e-commerce sellers is for goods which are made to specification or are clearly personalised.