The Regulations introduce new provisions for what companies are required to provide to consumers and how this information should be delivered, as well as new rules relating to consumers’ cancellation rights, delivery and return of goods. All organisations classed as ‘traders’, including charities, will also need the active consent of their buyers for payments; pre-ticked boxes for additional payments will no longer be permitted.
Brian Miller, solicitor and Partner at Stone King and expert in intellectual property, IT, data protection and commercial law, said: “Many of these new provisions will automatically form part of any contract that organisations now form with their customers, irrespective of what their terms and conditions may state.
“The new protocols apply to numerous contracts including distance and on/off-premises contracts. Certain contracts are, however, exempt from the new provisions, for example, package holidays, timeshare contracts, and purchases from vending machines.
“The way you do business may already be compliant with the Regulations, in which case it can be ‘business as usual’, but it’s important to be sure because failure to follow to new provisions can constitute a criminal offence.”
For advice on the new Regulations, contact Brian directly at brianmiller@stoneking.co.uk.
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