Legal Information: what sellers need to comply with
1. Compliance with the Consumer Contracts (previously Distance Selling) Regulations
Some of the key requirements for sellers are set out in the Consumer Contracts Regulations (previously the Distance Selling Regulations). This legislation sets out the legal requirements for distance selling and selling online. As a Seller on eTackle you are legally bound by these regulations which form part of the legal rights of the consumer.
As a seller on eTackle you agree to comply with relevant UK law by:
- Providing delivery details. The standard postage terms for eTackle are 3 working days. If your item is not able to be posted in 3 days then you must state when it will be posted – this should be in the item description. All items must be received by the buyer in under 14 days unless you have agreed a longer term in writing (e.g. email) with the buyer.
- Stating your business address (even if this is your home address). This information is provided in the email to the buyer so you should make sure you have added your address on your shop set up / edit screen (via your dashboard). The buyer has a legal right to this information and it is not optional. If you don’t provide it you are trading illegally.
- Cancellation of the transactions. The buyer must inform you if they wish to cancel the order and they must do this in writing (email is sufficient). Please contact the buyer to organise the return of the goods. Upon receipt of the returned goods, or evidence from the buyer that they have sent the goods back (whichever is soonest), you must provide a full refund of the cost of the item and any postage costs within 14 days. You have a right to deduct monies from refunds where goods “show signs of unreasonable use leading to diminished value”. You cannot usually deduct for removal of packaging to inspect the item, but you can deduct for damage or wear and tear where the item has not just been checked but used. Custom orders are exempt from cancellation unless faulty.
- Returns policy for goods that are not faulty. In using eTackle you agree that the buyer has a right to terminate the contract and return the item even if the item is not faulty in any way (this is the consumer’s right in UK law). They have the right to do this up to fourteen days after receipt of the items and a refund must be made within 14 days of you receiving the returned goods, or proof of the buyer has sent the goods back (whichever is soonest). The buyer pays for the cost of return postage. Custom orders are exempt from cancellation unless faulty.
- Returns policy for faulty goods. The consumer has a right to return goods if they develop a fault up to 30 days after receipt of the goods. Depending on the circumstances, the buyer may be entitled to a free repair, replacement or a full or partial refund. More information.
- If the item is lost in transit then, unless you can prove otherwise, you assume the contract is terminated and you must provide a refund or re-deliver the same item.
- The Consumer Contracts Regulations (Gov.uk)
- Guide to Online and Distance Selling for Businesses (Gov.uk)
- Consumer Contracts Regulations (Which?)
- Citizens Advice Bureau on Consumer Rights Act 2015
The best source of advice is your local Trading Standards Service which can be contacted through the Trading Standards website.
2. Regulation around certain types of goods
All eTackle sellers must comply with UK product legislation.
In all cases you should make sure your products comply with all relevant legislation. If in doubt contact your local trading standards office.
You can find more information on your legal responsibilities as a seller and manufacturer here www.gov.uk/guidance/product-safety-for-manufacturers
- Only adding customers to your mailing list if you have their explicit consent. You can contact your customer about issues related to their order but you must not contact them about anything else, send them marking information or add them to any mailing list unless they have opted-in to any further communication (through any channel – phone, mail or electronic).
- Understanding what data you have and where it is stored. As an eTackle seller, the personal data you collect will probably be: Customer’s name, Customer’s postal address, Customer’s email, Customer’s username on eTackle, Recipient’s name (if applicable), Recipient’s postal address (if applicable).
- Making sure any personal data you store is secure. You have a responsibility to make sure the data you collect is safe – both online and offline.
- Only using personal data for the specific purpose you have collected it for. In the case of a purchase, that would be: delivering the item(s), emailing confirmation of the order, emailing the customer with delivery details for that order, and storing for your financial records. You must not use the personal data you have gained from that order for any other purpose or use that data to contact them about anything unrelated to that particular purchase.
- Deleting someone’s personal data if requested. Under GDPR everyone has the right to be deleted from your records and database – this is known as the right to erasure or ‘the right to be forgotten’. Individuals can make a request for erasure verbally or in writing. You have one month to respond to a request. You will need to delete their data from all your records as well as any third-party service providers, such as your email service. If a customer asks to be erased from eTackle, we may also contact you and ask you to delete them from your records and any databases. In both cases, if you need to retain information about an order they have placed with you for your business or legal records, you can still do that but you will need to anonymise that data so there is no way of identifying the person (eg their name, email or postal address). Read more here https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/individual-rights/right-to-erasure/
- Paying the ICO Controller Charge fee – if required. Any business that processes data may need to pay the ICO a data protection fee (unless they are exempt). This is also called a Controller Charge. Check to see if you should be registered with the ICO here https://ico.org.uk/for-organisations/register/self-assessment/