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Consumer Protection Issues

As your company’s website will no longer have borders in this environment, you should be aware that various jurisdictions will have different and distinct consumer protection legislation in place. Therefore the company will need to consult with its legal team to become sensitized to the local issues and take appropriate steps to comply.

Generally speaking, consumer protection legislation will require that specific informa- tion be disclosed before the consumer enters into the online agreement, that such disclosure is clear and comprehensible and that the consumer is able to retain and ulti- mately print the information.

Although the specific information required to be disclosed may vary from jurisdiction to jurisdiction, you should ensure that your disclosure includes at a minimum, the following:

  • Your company’s name and, if different, the name under which your company carries on business.

  • Your company’s telephone number, the address of the premises from which your company conducts business, and information respecting other ways, if any, in which your company may be contacted by the consumer, such as your company’s fax number and email address.

  • A fair and accurate description of the goods and services proposed to be supplied to the consumer, including the technical requirements, if any, related to the use of the goods or services.

  • An itemized list of the prices at which the goods and services are proposed to be supplied to the consumer, including taxes and shipping charges.

  • A description of each additional charge that applies or may apply, such as customs duties or brokerage fees, and the amount of the charge if you can reasonably deter- mine it.

  • The total amount that will be payable by the consumer under the agreement or, if the goods and services are proposed to be supplied during an indefinite period, the amount and frequency of periodic payments.

  • The terms and methods of payment.

  • As applicable, the date or dates on which delivery, commencement of performance, ongoing performance, and completion of performance are expected to occur.

  • For goods and services that are to be delivered, particulars regarding the destina- tion to which they are to be delivered.

  • If the company will be delivering products in a particular manner and intends to charge the consumer for delivery, it needs to specify the manner in which the goods and services will be delivered, including the name of the carrier, if any, and including the method of transportation that will be used.

  • The rights, if any, that the company agrees the consumer will have in addition to the rights under applicable legislation and the obligations, if any, by which the company agrees to be bound in addition to obligations under the applicable legislation in rela- tion to cancellations, returns, exchanges and refunds.

  • If the agreement is to include a trade-in arrangement, a description of the trade-in arrangement and the amount of the trade-in allowance.

  • The currency in which amounts are expressed.

  • Any other restrictions, limitations, and conditions that the company intends to im- pose on your customer.

Visa e-commerce cross-border handbook for U.S. retailers

Copyright 2010 Visa. All rights reserved.


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