A new law called;
Consumer Contracts (Information, Cancellation and Additional Payments) Regulations
comes into force on June 13th 2014.
It replaces two old laws :
1- Consumer Protection (Distance Selling) Regulations 2000
This law provides a right to cancel contracts when there is no face to face contact between the consumer and the business. This usually applies to internet and mail order purchases.
2-Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008
This law provides a right to cancel contracts that are agreed in the consumer’s home, place of work or on an excursion away from business premises.
There are major changes that affect the retailer, consumer and in addtion has a major impact of anyone selling via a website. There is no way I can summarise the changes - they are too complex; but suggest you get hold of and read the TS guides.
This new law is a 'game changer'.....
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From Trading Standards:
Read the latest simple guides on some new Regulations (that affect three ways of selling to consumers), which come into effect on 13 June 2014.
These mean you may well need to make some significant changes to the way you do things. So take a look now if you want to be on the right side of the law when they come into force.
Consumer contracts regulations for off-premises selling PDF file (attached below)
Consumer contracts regulations for distance selling PDF file (attached below)
Consumer contracts regulations for on-premises selling sales PDF file (attached below)
- All updated April 2014
***The Trading Standards Institute is now building a very special separate website with all the rules and regs you need to be a good trader.Watch out for the launch in early summer 2014. ***
Another good summary of major points from our local (S&B) Solictors - attached;
This paragraph is probably key (especially the high-lighted section to softscapers/maintenance providers);
"Cancellation Rights for distance and off-premises contracts
Length of cooling off period - The cooling off period during which consumers can
cancel orders for digital content, goods or services will now be 14 calendar days.
Currently, the cancellation period is 7 working days for distance sale contracts and 7
calendar days for doorstep sales contracts.
For contracts for the sale of goods, the cooling off period ends 14 calendar days after
the day on which the goods are delivered. If the goods are delivered in several
instalments then it will be 14 days from receipt of the last instalment.
For contracts for the sale of digital content (which is not on disk or another tangible
medium), the cooling off period ends 14 calendar days after the day on which the
contract is entered into.
For contracts for the sale of services, the cooling off period ends 14 calendar days
after the day on which the contract is entered into unless the consumer has expressly
requested that the services commence before then and has waived his cancellation
right."
For Hardscapers, supplying goods and services, the position is less clear ?
So, we should all be sending out this information with quotes? As a contract?
At the moment I believe most people (organisations as well) are struggling in how to advise & apply these changes practically.
This little article helps clarify, but does not answer all the questions :-( :
Mmm clear as mud!
https://www.gov.uk/government/uploads/system/uploads/attachment_dat...
Many consumer organisations are still clamering to decipher the new Regulations, but this document has just been released by Trading Standards/BWC to help guide you through the complex Government document (as included in the post above)
I'm sure the other landscaping membership assocations will be publishing guides for their members and updating their template T&C's, offering support to ensure they stay within the law.
Bump