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E Commerce Notes

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ICL Workshop 8

E-Commerce

1. Consumer Protection (Distance Selling) Regulations 2000 (CPR) It applies to B2C. The intention behind these rules is that the buyer knows exactly what they are getting themselves into when they "sign" in the electronic dotted line. Therefore, the buyer is being protected from nasty surprises about: who is to deliver, who pays for delivery etc.
? Reg. 3: Definitions (Distant Contract)??

Reg. 5:Excepted Contracts (Land Building Financial Services and Auction Contracts) Reg. 6(2)(a): Partly Excepted Contracts: Regs 7 to 19 won't apply to contracts of food, beverages or other goods for everyday consumption Reg. 6(2)(b): Partly Excepted Contracts: Regs 7 to 19 won't apply to contracts for accommodation, transport, catering or leisure Reg. 7: Informationprior toconclusion of Contract (Identity, Description of goods, Description of price,Cost of Delivery, Delivery Arrangements, Buyer's right to withdraw, availability on the stated terms, Cancelation)

2. E-Commerce (EC Directive) Regulations 2002 (ECR) It applies to both B2B and B2C It Requires sellers selling on the internet to provide certain information pre-contract information about their:
? Reg.6(1):General information about the seller (name, geographical address, e-mail, registration number or ID, supervisory authority and VAT )
? Reg.6(2):Price List?

Reg.7:Commercial communications (i.e. marketing) information

Reg.9:Information Prior to Orders being placed by user i.e. prior contract (Technical steps, whether contract will be filled and where, how to correct errors, language, the T&Cs) Contract Formation Reg 11(2)(a)The directive requires the online seller to:
? Acknowledge receipt of order quickly (method is not specified so the webpage can be used). Include:
- Rights to cancel the order
- Guarantee
- After sale services
- Geographic address where complaints can be addressed to
? Contractual terms can be stored and reproduced (i.e. downloadable terms) Reg.12: (Offer and Acceptance) The Customer's order = Contractual offer. The supplier's acknowledgement = acceptance. Thus, USEFUL for Keeping out OVERSEAS orders!
Post Contract Issues (based on the Consumer Protection (Distance Selling) Regulations 2000 (CPR))
? CPR s.12(2)A 7 working day cooling-off periodto CANCEL (where consumers can change their mind about the order). This term is very controversial as it gives the consumer wide leeway to cancel.
? CPR s.14(3)A 30 day period to reimburseCPR s.19(1)The order must be executed within 30 days

3. Directive on Privacy and Electronic Communications 2003 (PECR) It applies to both B2B and B2C It's about Data protection. It Requires sellers selling on the internet to provide certain precontract information about:

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