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Online retailing - the perils of paying lip service to consumer legislation

Overview

While one of the biggest effects of non-compliance with consumer protection legislation is to position a business in the marketplace as having little concern for consumer rights, creating reputational risk, it should not be forgotten these rules are actively enforced as well.

The Consumer Protection (Distance Selling) Regulations 2000 were put in place more than 10 years ago to encourage consumers to have faith in purchases made online, as well as those via other forms of distance sales such as catalogues and telephone. These are based on the principle that where a product has been bought in a shop, the consumer has had the opportunity to see it, try it out and know exactly what they are taking home that day. When it comes to distance sales, the same cannot be said. For example, viewing goods online may not provide a true picture of a product or its dimensions - it's not possible to touch it and the product has to be ordered and then delivered at a later date.

This briefing discusses when and where the regulations apply and how businesses can meet the regulations in practice.

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