Legal requirements of a UK eCommerce website

Legal requirements of a UK eCommerce website

We often get asked about the legal requirements of what needs to be displayed on UK ecommerce websites. So much so it seems a blog post would be well and truly deserved.

As we see it, legally we need to concern ourselves with 3 things, what needs to be implemented on the site, your obligations and your customers rights.

I would however like to add this post is not a suitable substitute for professional legal advice. (Why not check out Hethertons Solictors for professional advice?)

Your Duties

There are several things that you MUST have on your site to meet E-commerce Regulations implemented by the European E-Commerce Directive as well as the Companies Act 2006.

The following must be present on your website;

• your business’ name (emails also)
• company registration number (emails also)
• place of registration (emails also)
• registered office address (emails also)
• your VAT registration number
• geographic address and other contact details including your email address
• details of any publicly available register in which you are entered, together with your registration number or equivalent
• the particulars of the supervisory body if the service is subject to an authorisation scheme
• details of any professional body with which you are registered
• details of use of cookies as well as provide information on how you use cookies.
• clear indication of whether prices include tax and delivery
• details in writing about the supplier and the terms of the transaction
• further information, including a notice of cancellation rights, the complaints procedure, after-sales services and guarantees

Your Obligations

Once a customer has placed an order you have essentially entered into a contract (as per your terms of transaction) with the customer and as such must comply to the the following regulations;

• once a customer has placed an order, you must acknowledge receipt without undue delay
• provide written confirmation of their orders
• deliver the goods within 30 days unless otherwise agreed

The Consumers Rights

Consumers have a cooling-off period of seven working days in which to cancel the contract, starting from when the goods are received, without having to give a reason. If no details of the cooling-off period have been given by the supplier to the consumer, it is extended to three months.

The right to withdraw can be exercised by the consumer even after the goods have been delivered, or the services have been provided. The consumer is entitled to receive a full refund for a cancelled purchase within 30 days.

There are some exceptions to these rights of cancellation, including;

• contracts for the provision of accommodation, transport, catering or leisure services, where these services are supplied on a specific date or for a specific period
• the sale of customised goods or perishable goods
• sealed audio or video recordings, or software, which have been opened
• sales by auction

We have covered the basics of what is legally required. We have not really touched on Data Protection here, however leave us a comment below if you would like the see a blog post on it.

If you want some further information on UK eCommerce law I recommend you head over to the Ecommerce and the law section of Business Link