When was the last time you revised your business' terms and conditions?
In June 2014, the Consumer Contracts (information, cancellation and additional regulations) regulations 2013 came into force. Imposing a range of new requirements on businesses selling goods, services and digital content to consumers.
Businesses should be aware of the greater obligations placed on them in providing information to consumers before a sale concludes, the changes made by the regulations concerning a consumers right to cancel and the prohibition of hidden charges for businesses are amongst other areas that need consideration.
Have you reviewed your terms and conditions to ensure that you are complying with the new rules imposed to harmonise buying and selling for consumers in the EU?
Does your business tick all of the following boxes?
- Do you have a minimum 14 day cancellation policy?
- Do your online payment buttons say PAY NOW, BUY NOW or CONFIRM PURCHASE?
- Do you provide the prescribed model cancellation form? The model cancellation form is as prescribed by the regulations and must contain certain information.
- Do you provide the correct information to your consumer about the contract you are entering into, the consumer's cancellation rights and your business' refund policy at the right time as prescribed by the regulations?
- Do you provide your refunds within 14 days of the consumer’s cancellation?
- Have you made sure that your customer helpline number is no longer a premium rate number?
- Have you ensured that you have no pre-ticked boxes when it comes to payment?
The new rules under the regulations are mandatory and all businesses should ensure that they are in compliance. It is not possible to, in any way, restrict the rights your consumers benefit from under the 2013 regulations, so it is advisable to make sure that you are aware of the changes and how they could affect the way you sell to your consumers.
Any contracts entered into after June 2014 will be subject to the 2013 regulations and the key changes affecting businesses can be broken down into three categories:
1. The information you share with your consumer both before and after a sale. The new regulations place greater obligations on you, as the business, to provide the consumer information relating to their cancellation rights and ability to withdraw from the contract during what we know as the cooling off period before the sale concludes.
2. Consumers now enjoy improved cancellation rights.
3. An absolute prohibition on hidden charges.
Ensure your business does not fall foul of the regulations by visiting Goughs today and discussing your businesses terms and conditions and contract with the consumer with one of our highly experienced Commercial lawyers.
We’ll ensure that your business is up to date and in compliance with all of the recent changes in Consumer law. For further information please contact one of our experienced Commercial lawyers today