UK New Distance Selling Legislation June 2014

From the 14th June 2014 new legislation for distance selling to and in the United Kingdom comes in to force. Before I do a plugin for this has anybody else done one?

Andyb

adb34:

From the 14th June 2014 new legislation for distance selling to and in the United Kingdom comes in to force. Before I do a plugin for this has anybody else done one?

Andyb

Please do Andy.

Are you talking about the 'cooling off period' and the changes to that with relation to digital goods ??
Or the more general rules on notification.

In both cases, would this not be covered by the Agree To Terms checkbox already available in Zen Cart? (with some small edits to the actual terms text of course)

wilt:

Are you talking about the 'cooling off period' and the changes to that with relation to digital goods ??
Or the more general rules on notification.

In both cases, would this not be covered by the Agree To Terms checkbox already available in Zen Cart? (with some small edits to the actual terms text of course)

I have to have another read. What I have found that everything has been tightened up. So, at the moment I do not know what the answer is.

Have to say I am a little confused as well.

Which have a page here http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations

However that does not mention some of the stuff I remember hearing about on Radio 4
Specifically, that when supplying Digital Goods, you can ask the buyer to waive their rights under the regulations.
I think I also heard that if you must inform the purchaser of their rights regarding the Distance Selling Regulations at some point during checkout, and before payment is made.

Will have to do some more reading myself :)

This has some more explicit details

http://www.out-law.com/en/articles/2014/june/new-distance-selling-rules-among-new-uk-consumer-protection-law-reforms/

wilt:

This has some more explicit details

http://www.out-law.com/en/articles/2014/june/new-distance-selling-rules-among-new-uk-consumer-protection-law-reforms/

Thank you for the information.

I bit of light reading for you; Distance Selling 14 June 2014.

I have read something about countries trading with the UK having to abide by the same laws however I have to find them again.

The big difference is the change to the cooling off period; from 7 days to 14. Has anybody got their head around this yet?

wilt:

Are you talking about the 'cooling off period' and the changes to that with relation to digital goods ??
Or the more general rules on notification.

In both cases, would this not be covered by the Agree To Terms checkbox already available in Zen Cart? (with some small edits to the actual terms text of course)

From what I have read so far, the trader is required to provide the consumer with contract information on durable media, therefore only providing a checkbox is not acceptable as any of the information refered to via the checkbox can be changed by the trader at a later stage.

What I beleive is needed is a means of including terms of sale together with consumer rights information within the order confirmation email or in a separate email to the customer, or both. The wording should not include links, not even to relevent http://www.legislation.gov.uk pages, but should be wholly drafted by the trader.

See especially Schedule 2

http://www.legislation.gov.uk/uksi/2013/3134/pdfs/uksi_20133134_en.pdf

Over the next couple of days I will be putting together a plug-in and instructions for this.

I have been talking to Trading Standards who have sent me some very useful information. When I have it all sorted I will also update Conditions of use, Privacy and Returns Policy plus anything else. This will then be uploaded to 'Privacy and Condition Statements' sub-directory. When this has been done, I will put notification here and also start a new Forum Support Thread.

wilt:

Are you talking about the 'cooling off period' and the changes to that with relation to digital goods ??
Or the more general rules on notification.

In both cases, would this not be covered by the Agree To Terms checkbox already available in Zen Cart? (with some small edits to the actual terms text of course)

Could anyone remind me where the setting for this is?

adb34:

I have been talking to Trading Standards who have sent me some very useful information. When I have it all sorted I will also update Conditions of use, Privacy and Returns Policy plus anything else. This will then be uploaded to 'Privacy and Condition Statements' sub-directory. When this has been done, I will put notification here and also start a new Forum Support Thread.

Yes the new 14 day cooling off period and for goods over the value of £42. There are how ever's in this and what you can and cannot put in your T&C's.

adb34:

for goods over the value of £42

need more clarification on this

adb34:

goods over the value of £42.

I have spoken to Trading Standards, Carlisle Cumbria, their take on this is; total cost which includes VAT and postage is over 42. under and including £39:99 (price + VAT + P&P) the distance selling rule does not apply.

andyb

So if I sell a product and the total checkout cost is below £40, DSRs do NOT apply, in any circumstance?

adb34:

under and including £39:99 (price + VAT + P&P)

This is wrong it should have said £41.99. Sorry my bad

Any updates on this? I have lots of UK customers and I frankly have no clue what all this means for me as store owner.

Here you go, from trading standards.

The legislation at part 7(4) states:-

This part does not apply to off-premise contracts under which the payment to the made by the consumer is not more that £42.

This means anything where the total cost to consumer including vat and postage is under £42 them the regulations do not apply.

The exemption only applies to off premise contracts i.e. contracts where the contract is agreed away from the business premise.

Website sales are distance contracts, all distance contracts come under the legislation and there is no price limit exemption. All distance transactions are subject to the 14 day cooling off period with no minimum spend.