Do you want to be given €2,500 to increase your sales online? It’s a win-win situation, right?

The digital scheme voucher is a fantastic initiative by the government to help small business owners increase their sales by selling goods and services online. To qualify you need to be trading for a period of 12 months, have an annual turnover of less than 2 million and employ less than 10 employees. If you qualify, you can develop your presence online. Find out more at your local LEO website – www.localentreprise.ie

When you start to sell your products/services online, you need to be aware that legally, you require specific online terms and conditions. Depending on who you are selling to – be it a consumer or businesses – different laws apply.

Where you are selling to a consumer, you must include certain information in your online terms. Some of those terms are the following: –

1. The identity of the supplier and in the case of contracts paid in advance, their address
2. The main characteristics of the goods/services
3. The price of the goods or service including all taxes
4. Delivery costs where applicable
5. Arrangements for payments, delivery and performance
6. The existence of a right of cancellation (unless the consumer cannot avail of this under the distance selling regulations)
7. The cost of using the means of distance communication, where it is calculated other than at the basic rate
8. The period for which the offer or price remains valid
9. Where appropriate, the minimum duration of the contract in the case of contracts for the supply of goods or services to be performed permanently or recurrently
10. Information on conditions and procedures for exercising the right of cancellation
11. The geographical address of the place of business of the supplier to which the consumer may address any complaints
12. Information on after sales services and guarantees which exist
13. Conditions for cancelling the contract in the event that it is of unspecified duration or its duration exceeds a year.

If you are selling to businesses then the following information needs to be included in your terms:-

1. Name and geographic address of the service provider
2. Details of how the service provider may be contacted rapidly and communicated in a direct and efficient manner
3. Details of how people can register their choice regarding unsolicited commercial communications or “spam”.
4. Details of any trade or public register the service provider is registered with i.e. company number
5. If the activities carried out are subject to authorisation, particulars of the supervisory authority
6. Details of any regulatory profession which the service provider is a member
7. VAT number
8. Where prices are referred to, these must be clearly indicated and unambiguous and indicate whether they are inclusive or exclusive of vat

For more information contact us at roisin@rocs.ie or 061 502005

This article is general in nature and cannot be regarded as legal advice.  It is general commentary only.  You should not rely on the contents of this article without consulting one of our Solicitors.  If you would like advice regarding how the law applies to your individual circumstances, then please contact Roisin O’Connell Solicitors.