Selling on the Internet

These regulations came into force on 21st August 2002. They stipulate further information that must be included on a website.

The following checklist includes items that are required by other legislation, as well as those that will aid compliance with the above regulations:

• Full company details - name, a UK geographic address and an e-mail address.
• Full terms and conditions that are readily accessible, fair and meaningful.
• A description of the goods or services being sold.
• Pricing information, fully inclusive of any delivery charges, taxes, excise duty, etc.
• Information about how long the offer or price applies.
• Details of stages involved in the ordering process, including any costs involved in distance communication if the cost is at anything other than a standard rate.
• The different technical steps to follow to conclude a contract, so that consumers are made aware of what the process will involve and the point at which they will commit themselves.
• Information about the availability, delivery and dispatch of the goods.
• Information about substitutes in the event that goods or services are not available, including telling the consumer that the cost of returning unsatisfactory substitute goods will be refunded.
• Clear complaints procedure and policy on returning goods.
• Information about withdrawal/cancellation rights.
• A statement that the UK law is the applicable law**.
• A statement indicating that, when buying goods and services on the Internet, the consumer is entering a legally binding contract.
• The technical means for identifying and correcting input errors prior to the placing of the order.
• A data protection statement*.
• A privacy policy and information about security issues*.
• A cookie (unique identifier) policy*.
• An opt-in box for unsolicited e-mail*.
• Details of any registration scheme to which you belong and your registration number, or other means of identification in that register.
• Details of certain professional bodies you are registered with, your professional title and applicable rules (e.g. chartered surveyor and RICS).
• Details of any Code of Practice to which you subscribe.
• VAT number (if appropriate).

* These provisions are by virtue of data protection legislation and the Privacy and Electronic Communications (EC Directive) Regulations 2003 both enforced by the information commissioner. Detailed advice on these provisions can be found on the Information Commissioner website (external link).

** Regulation 4(4) of the E Commerce Regulations allows businesses the freedom to choose the applicable law and is also intended to aid non-UK consumers. A UK-based business, even if trading via the Internet outside the UK , still has to comply with UK requirements. This does not preclude action being taken against a trader for breaches of legislation outside the UK .

It is also strongly recommended, where relevant, that retail sites incorporate a system to prevent sales of age restricted products such as alcohol, spray paints and videos to persons under the required age. There are many more goods that are subject to age restriction. A full list can be obtained from your local trading standards service.