Terms and Conditions

23/07/18

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    Our Website Terms of Use for an Online Retailer are designed for use on an e-commerce website providing goods to consumers. These terms are sufficiently broad to cover virtually any kind of goods. Detailed provisions govern both the use of the website itself and contracts for the sale of goods. A clear indication in the opening paragraph of the document states which clauses apply to the website in general and which apply to the sale of goods.

    The documents have been updated to assist users in preparing for changes to distance selling laws taking effect on 13th June 2014.

    Key regulatory changes include:
    - An increase in the statutory cooling-off period (allowing customers to change their minds for any reason after ordering the goods, subject to limited exceptions) from 7 days to 14;
    - A requirement that all goods are delivered within 30 days (unless otherwise agreed with the customer);
    - A provision that the risk in goods is to remain with the seller until they are in the physical possession of the customer (unless the customer choses their own carrier that is not recommended by the seller);
    - A requirement that sellers supply certain information about the contract within a reasonable time and in a durable medium (email or hardcopy is acceptable, a link to a webpage is not), such information to include details on the characteristics of the goods, full details of the price including how it was calculated, and delivery details;
    - Tighter time limits on the issuing of refunds for returned goods; and
    - New requirements on the labelling of order buttons (with wording akin to “order with an obligation to pay” making it clear to customers that by placing their order for goods they are under an obligation to pay for them).

    We will be further updating our website terms and conditions and other distance and doorstep selling documents.

    Privacy and data protection receive detailed attention in order to ensure that traders act in compliance with EU Cookie regulations and data protection legislation. The optional additional information to be provided on cookies includes the name and purpose of each cookie, the name of the provider of that cookie and whether that cookie is first or third party. A first party cookie is one which is placed by your domain (e.g. www.yourwebsite.com). A third party cookie is one placed by another domain (e.g. advertising.theirwebiste.net). Third party cookies are often, for example, used by advertising services. It is helpful to allow users to identify which cookies are placed by which parties.

    Our Terms of Use for Websites include provisions such as a security disclaimer, a third party rights clause, an email-communications opt-out clause, and a clause dealing with the retention and use of certain information submitted by users.

     If your website caters for both consumers and business customers, it is advisable to divide the site clearly in two, applying the appropriate terms and conditions to each section. These Terms of Use set out important legal points including Intellectual Property, Disclaimers, Payment, Property and Risk, Returns Policies (which should be adapted to reflect your own policies) and Limitation of Liability.

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