July 2014 Question 1

I have a question regarding the cancellation rights for internet sales. Do we have to send out a printed copy of the cancellation rights and a cancellation form to the customer with their orders?”

An internet sale is classified as a distance sale under the Consumer Contracts Regulations. Before any contract is formed you need to provide the information listed in schedule 2 and make available the model cancellation form set out in schedule 3 in a manner which is appropriate and suitably clear for the consumer to understand (e.g. on your website for ecommerce transactions or by providing a link).

Directly before the consumer places their order you must, clearly and prominently, make available information on:

  • the main characteristics,

  • total price (including any delivery or other charges)

Once the contract is concluded (i.e. the consumer is bound by the contract) you must provide confirmation on a durable medium e.g. a letter, CD/DVD, email, text message or a personal account. If you provided it in a durable form precontract you do not have to repeat it. This must be provided within a reasonable time and no later than the delivery of the goods.

Crimson Crab can provide checklists for the information requirements (Schedule 2) and the cancellation form (schedule 3), together with a Crab Sheet explaining the compliance requirements. These are free for Reputation Academy members.

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