10 news/legal expert Consumer protection laws
On June 13, the new consumer protection laws came into force, writes Matthew Bridger, senior associate solicitor at Glanvilles Legal Services
The laws – Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 – are intended to provide greater protection for consumers when they purchase goods, services or digital content on-premises, online, at a distance and off-premises.
For traders who fail to comply with the new regime, the potential consequences range from the invalidation of a consumer transaction, to prosecution that could result in a criminal conviction and/or a fine. It is therefore important that traders familiarise themselves with their new obligations, some of the most important of which are:
Online payments The online trader will need to make absolutely clear when the obligation to pay arises, eg by employing a ’Pay Now’ button.
Default additional payments Traders will need the active consent of the consumer for all payments
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– pre-ticked boxes for additional payments will no longer be permitted.
Hidden charges Consumers will not be liable for costs which they have not been sufficiently informed of before the contract is entered into.
Cancellation rights • Where a consumer has a statutory right to cancel an order, all distance and off-premises sellers (other than those excluded) will need to provide the consumer with a standard cancellation form. • The current seven-day cancellation right (for off-premises transactions) and seven-working-day cancellation right (for distance sales) will be extended to 14 calendar days to give consumers more time to reconsider. • Where the consumer cancels a contract, any ancillary contract (such as a warranty or credit agreement) must be automatically cancelled.
Refunds and returned goods Traders must refund within 14 days of cancellation of service contract or receipt of goods.
Consumers are however required to return cancelled items within 14 days of cancellation and online and off-premises traders will be able to withhold refunds until the goods are returned.
Delivery Delivery of goods must be made without undue delay and within 30 days.
Premium rate telephone helplines Traders must not make the consumer use a premium rate telephone helpline to discuss an existing contract.
The Government has given traders a relatively short period in which to familiarise themselves and comply with the new Consumer Contracts
Hiring intentions to hit all-time high
Companies’ hiring intentions are set to rise to a record high in Q3 2014, according to the latest Business Trends report by accountants and business advisers BDO LLP in Southampton.
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The BDO Employment Index, which predicts businesses’ hiring intentions over the next three months, jumped to 107.7 in May from 105.6 in April. This is only just below the previous peak in Business Trends’ 22-year history, a reading of 108.9 recorded in February 2007. It indicates that companies plan to continue bolstering workforces above the long-term average rate over the next three months.
While this will be welcome, there is the risk that skills shortages will emerge in certain sectors. Strong growth among UK manufacturers in particular could be at risk. BDO’s Manufacturing Optimism sub-Index, which looks at manufacturers’ growth
expectations over the next six months, rose to 121.0 in May, well above the 100 mark that reflects long-run average growth.
Commenting on the findings, Malcolm Thixton, lead partner and head of BDO LLP in Southampton, said: “Businesses are translating their confidence in economic recovery into action, demonstrated by the sustained increase in hiring expectations. But a gap between supply and demand for skilled workers is developing, which could take the momentum out of the recovery.
“With manufacturing growth slowing across the eurozone and unemployment levels remaining high, we have a ready pool of able workers on our doorstep. Politicians must take this into consideration when planning any changes to immigration policy.“
Details:
www.bdo.uk.com
THE BUSINESS MAGAZINE – SOLENT & SOUTH CENTRAL – JULY/AUGUST 2014
Regulations. The Department for Business Skills and Innovation has, however, published guidance to assist businesses to comply with their new obligations, and this is a good starting point for any business wanting to ensure that its trading practices are compliant.
Details:
Matthew Bridger 01329-282841
matthew.bridger@
glanvilles.co.uk www.glanvilles.co.uk
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