Online terms and conditions - sale of services to a consumer

Selling services via a website to a consumer is regarded as a distance contract and so is subject to the Consumer Contracts (Information, Cancellation and Additional Charges Regulations 2013.  They provide a consumer with a right to cool off or change their mind within a certain period of time.  As well as being familiar with the Regulations, you must also be aware that selling services to a consumer is now subject to the Consumer Rights Act 2015.

What are a consumer’s cancellation rights?

The period for consumers to change their minds is 14 days starting the day after the day on which the contract was made.

You also have to provide the following information

• the main characteristics of the goods, services or digital

• your identity - such as your trading name

• the geographical address where you are established and, where applicable, a telephone number, fax number and email address to allow consumers to be able to contact you quickly and efficiently

• if you are acting on behalf of another trader, their identity and geographical address

• if you, or the trader who you are acting for, have a different address for consumer complaints this must also be given

• the total price of the goods, services or digital content inclusive of tax (such as VAT). If this cannot be calculated in advance you must say how this will be calculated

• all delivery charges or any other costs - if these cannot be calculated in advance you must state that they are payable

• the monthly, or billing period, costs of open-ended contracts or subscriptions

• any additional costs for using a specific means of distance communication to make the contract

• the arrangements for payment, delivery or performance

• if you have one, your complaints-handling policy

• the conditions, time limits and procedure for exercising a right to cancel

• if you are offering a service contract that a consumer can expressly ask you to start within the cancellation period, you must tell them that they will be required to pay you the reasonable costs of the service that you have delivered up to the time of cancellation within the cancellation period

• if there are no cancellation rights for specific goods, services or digital content that you offer or there are circumstances in which consumers will lose their right to cancel you must inform them of this

• if you are selling goods you should remind consumers that the goods you sell must be in conformity with the contract

• if you offer any after-sales consumer assistance, services or guarantees you must make consumers aware of this and any applicable conditions

• if you are a member of a code of conduct you must inform consumers how they can obtain a copy of the code

• if the consumer will be entering into a contract of a fixed duration, they must be informed what this is

• you must inform consumers if there is a minimum duration under a contract

• if consumers are required to give deposits or other financial guarantees you must inform them of this obligation and any applicable conditions

• digital content functionality - this includes information about its language, duration, file type, access, updates, tracking, Internet connection, geographical restrictions and any additional purchases required

• digital content compatibility - information regarding both hardware and other software

• the existence of any alternative dispute resolution schemes that you are subject to and how to access them.