The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 When goods are supplied via a ‘distance contract’ to a consumer they have an unconditional right to cancel their order which ends 14 days after receiving the goods. In addition Aerosol Spray Paints must provide the consumer with information about their order and their right to cancel. A ‘consumer’ is defined as an individual acting for purposes which are wholly or mainly outside of their trade, business or profession.
A “distance contract” is defined as a contract concluded between a trader and a consumer under an organised distance sales scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded. In other words, having a system in place to receive orders and payments via telephone or internet and ship paints without physically meeting the consumer is likely to fall within the scope of these Regulations.
For distance or off-premises sales key information which you must provide includes:
- • a description of the goods or service, including how long any commitment will last on the part of the consumer
- • the total price of the goods or service or the manner in which the price will be calculated if this can’t be determined
- • how the consumer will pay for the goods or services and when they will be provided
- • all additional delivery charges and other costs (and if these charges can’t be calculated in advance, the fact that they may be payable)
- • details of who pays for the cost of returning items if consumers have a right to cancel and they change their mind
- • details of any right to cancel – you also need to provide, or make available, a standard cancellation form to make cancelling easy
- • information about you, including your geographical address and contact details and the address and identity of any other trader for whom you are acting
A consumer’s right to cancel an order for goods starts the moment they place the order and ends 14 days from the day they receive the goods. However this right to cancel under the Regulations does not apply to consumer distance contracts in the following circumstances;
- • the supply of bespoke goods that are made to the customer’s specification or are personalised. For example, a made-to-measure suit or pair of curtains, or a gift that has the recipient’s name engraved on it. However, this exemption does not apply to items made to a customer’s specification simply by combining stock items – for example, a computer put together from stocked parts or a car ordered from a fixed menu of items
- • the supply of goods that are liable to deteriorate or expire rapidly, such as a delivery of fresh flowers or meat
In addition consumers will lose their right to cancel if they:
- • unseal goods that are not suitable for return if they are unsealed, due to health protection or hygiene reasons
- • combine goods with other goods after delivery so that they become inseparable
Where the right to cancel does apply you should refund the consumer within 14 days of either getting the goods back, or the consumer providing evidence of having returned the goods (for example, a proof of postage receipt from the post office), whichever is sooner.
You must refund the basic delivery cost of getting the goods to the consumer in the first place however, if a consumer opted for enhanced service e.g. guaranteed next day, you only have to refund the basic cost. The customer only has to pay the return cost when exercising their right to cancel if you have made them aware within the key information that they would have to do so.
Failure to provide the required information, or to provide it in the way set out in the Regulations, could result in consumer cancellation rights being extended by up to 12 months and 14 days from the date that the goods were received by the consumer. The key information outlined above should be given in writing in a ‘durable medium’ such as on paper or by email. Placing it on a webpage is not sufficient as it can be changes and there is no means of showing that it has been provided to the customer.
A business which fails to provide information regarding these cancellation rights risks committing criminal offences under the Consumer Protection from Unfair Trading Regulations 2008.
Under these Regulations it is a criminal offence to omit information which may affect a consumer’s ‘transactional decision’. Such a transactional decision can include a consumer deciding whether to cancel a contract in accordance with their statutory cancellation rights. In addition it is also a criminal offence to attempt to restrict these statutory rights or mislead a consumer regarding their existence or scope. Further information regarding this legislation and the potential penalties can be found in section 3 below within this letter.
Further information on distance selling, cancellation rights and the legislation can be found in the enclosed Business Companion guidance; Distance Sales.
2. Consumer Rights Act 2015
While distance selling legislation covers a consumer’s right to cancel and receive a refund if they simply change their mind the Consumer Rights Act provides consumers with rights where goods are not as described or faulty.
The Consumer Rights Act 2015 is one of the main pieces of consumer law that covers a trader’s obligations to a consumer when they sell goods.
Essentially the law states that any goods you sell must:
- • be of satisfactory quality;
- • be fit for any particular purpose made known to the seller; and
- • match the description, sample or model
Please be aware that if a part you sell does not meet one or more of the above requirements of the law then, you are legally obliged to sort out the issues in line with the Act. If you do not do so then a consumer can take civil court action against you for breach of contract.
The Act details that, depending on a number of factors, such as the time at which a fault becomes apparent, then the remedies available to the consumer include a repair, replacement, or a full or partial refund. They may also be entitled to damages for additional losses they have incurred due to the breach of contract.
The Act also states that if the consumer shows the goods are faulty in some way and chooses a repair, replacement, price reduction or the final right to reject, within the first six months of purchase, it is automatically assumed that the fault was there at the time of delivery unless you can prove otherwise. This is called the ‘reverse burden of proof’ and after six months the
consumer has to prove that the fault was there at the time of delivery. The consumer must also prove the fault was there at the time of delivery if he exercises the short-term right (30 days) to reject goods.
Please be aware of the short-term right to reject as the introduction of a specified time period that is detailed is new for consumer legislation.
3. The Anti-social Behaviour Act 2003 (sale of aerosol paint to persons under 16)
Under the Anti-social Behaviour Act 2003 a person commits a criminal offence if they sell an aerosol paint container to a person under 16. The owner of the business as well as the person who made the sale, may be liable. An aerosol paint container is defined as a device that contains paint stored under pressure and is designed to permit the release of the paint as a spray
The offences are strict liability meaning that it does not matter whether the persons making the sale knowingly sold it to someone under the age of 16 – the act of sale and supply constitutes the offence. As a result the only legal defence that can be raised against the offences is one that the sellers took all reasonable steps to determine the purchaser’s age and that they reasonably believed that the purchaser was not under 16.
Selling age-restricted products via the internet presents particular issues in terms of effectiveness. No system is fail-safe and any service that relies on remote verification has the potential for errors. Risk analysis, including the investigation of the options available to overcome risks, is required to identify and investigate what precautions and steps could be taken. Upon delivery, we will require a proof of identity to check your age. If you are under 16, we will have to return the products to aerosol spray Paints and we will refund your payment.
Payment may be made by any of the methods indicated on our website. Goods will not be shipped unless payment is received in full .
Delivery shall be made to the address specified by you at the time of ordering. Goods are usually despatched within 48 hours but delivery times quoted are approximate only and we cannot be held responsible for any inconvenience arising from failure to provide the advertised service because of factors which could reasonably be considered to be outside our control. We strongly advise that if the goods are required for a specific date they are ordered in advance to avoid any disappointment. Risk of damage or loss of the goods shall pass to you at the time of delivery to the specified delivery address. We aim to ship your goods for the next working week day. The cut off for the next working day dispatch is 1pm, any goods purchased after this time will be sent on the following working day. All goods will need to be signed for, or the goods will not be released.
A standard next working day delivery charge of £8.00+vat will be charged for any orders placed on this website. Orders received before 3PM and the express delivery was selected. will be shipped on the same day and will be delivered in 48 hours, this applies only for orders placed between Monday – Thursday . For shipping to post codes starting with the following (ZE, KW, IV, AB, PH, PA IM, BT, TR, GY, GE) please contact us before placing your order as further charges may apply. As we use a private Dangerous Goods courier, we are confined to their prices. For certain areas of the UK, FED EX will charge increased fees. There are only limited couriers we can use which have a dangerous goods carrying licence which is reflected in the price. For all of the cases outside of normal shipping costs please contact the office for a manual order to be set up 01613271281
At present we do not ship Internationally, but we may review this in 2019.
We strongly advise double checking any postal addresses before and during your order. Any orders which do not reach their destination due to incorrect postal details or where a signature is not made available to release the goods, will incur a postage charge of £10.00+VAT for re-distribution.
Aerosol Spray Paints wants you to be totally satisfied with your purchase. If for any reason you are not entirely happy with your order Aerosol Spray Paints will refund the value of the goods supplied provided that you first notify us of your intention to cancel using the procedure outlined here and providing that the goods, together with the original invoice, are returned to us in a perfect condition to the address specified on the invoice within seven working days after the day of delivery. A certificate of posting should be obtained as we cannot be held responsible for the non-delivery of goods to our address without it. Unfortunately, we are unable to refund any custom mixed colours. All returns and exchanges must be notified within 30 days of purchase, this includes any faulty, damaged or unwanted products. We do not offer any exchanges or refunds outside of the 30 days of purchase.
Aerosol Spray paints have the right to refuse any refunds or exchanges, please call us to discuss any issues with your purchase.
8. Damaged or Defective Goods
If, in the unlikely event, your goods arrive in a damaged condition or are defective, you must inform us as soon as is practically possible stating the invoice number and the nature of the defect or shortage. Failure to do so will deem that you have accepted the goods. If for any reason a replacement is not available for a damaged or defective item then Aerosol spray paints will refund the value of the returned goods to the original payment method.