零售与电子商务法
线上和线下销售中的消费者权利、远程销售和数字内容。
简介
电子商务法规范向消费者销售商品、服务和数字内容的行为。
In Brief
Goods sold to consumers must be of satisfactory quality, fit for purpose, and as described (Consumer Rights Act 2015, ss.9–11). Consumers have a 30-day short-term right to reject faulty goods (s.22). Online purchases have a 14-day cooling-off/cancellation period (Consumer Contracts Regulations 2013). Credit card purchases between £100 and £30,000 benefit from joint liability of the card issuer (Consumer Credit Act 1974, s.75). Unfair contract terms that cause significant imbalance are not binding (CRA 2015, Part 2).
核心原则
Consumer Rights Act 2015 — Goods must be of satisfactory quality (s.9), fit for purpose (s.10), and as described (s.11). Short-term right to reject within 30 days (s.22).
Distance Selling — Under the Consumer Contracts Regulations 2013, consumers buying online or by phone have a 14-day cancellation period, pre-contract information requirements, and restrictions on additional charges.
Digital Content — The CRA 2015 (Part 1, Chapter 3) extends quality rights to digital content including software, apps, games, and streaming services.
Unfair Terms — Consumer contract terms are subject to fairness testing. Terms that cause significant imbalance to the consumer's detriment are not binding (CRA 2015, Part 2).
Section 75 Liability — Credit card issuers are jointly liable with suppliers for breach of contract or misrepresentation on purchases between £100 and £30,000 (Consumer Credit Act 1974, s.75).
Online Marketplace Obligations — Platforms connecting buyers and sellers have increasing transparency and safety obligations under the Online Safety Act 2023 and consumer protection law.
Advertising Standards — All marketing and advertising must be legal, decent, honest, and truthful (CAP/BCAP Codes, enforced by the ASA). Influencer marketing requires clear disclosure.
关键法规
Consumer Rights Act 2015
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
Consumer Protection from Unfair Trading Regulations 2008
Electronic Commerce (EC Directive) Regulations 2002
重要判例
OFT v Ashbourne Management
[2011] EWHC 1237
Spreadex v Cochrane
[2012] EWHC 1290
常见情景
Item bought online arrives damaged
Under the CRA 2015, the consumer has a short-term right to reject within 30 days for a full refund. After 30 days, they can request repair or replacement. Under the Consumer Contracts Regulations, they also have a 14-day cancellation right regardless of fault.
Subscription service won't let you cancel
Ongoing subscriptions are subject to cancellation rights. The CMA has taken action against 'subscription traps'. Consumers must be able to cancel easily, and auto-renewal terms must be clearly disclosed.
Fake reviews on marketplace platform
Publishing fake reviews is a misleading commercial practice under the Consumer Protection from Unfair Trading Regulations 2008. The CMA has enforcement powers and has pursued businesses for fake or incentivised reviews.
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Frequently Asked Questions
What are my legal rights if I buy something online and it doesn't arrive?
Under the Consumer Rights Act 2015, goods must be delivered within any agreed timeframe or, if none was agreed, within 30 days. If goods fail to arrive, you are entitled to a full refund. You should also notify your bank or credit card provider — if you paid by credit card and the purchase was between £100 and £30,000, section 75 of the Consumer Credit Act 1974 makes the card issuer jointly liable with the retailer.
Can an online retailer refuse to give me a refund within 14 days?
No. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have a minimum 14-day cooling-off period for most online purchases during which you can cancel for any reason and receive a full refund, including the basic delivery cost. The retailer must process the refund within 14 days of receiving the goods back or proof of return. Exceptions include personalised items, perishable goods, and digital content that has been downloaded with your consent.
What can I do if a subscription service won't let me cancel?
Businesses must make cancellation reasonably easy and must not use 'subscription traps' — practices designed to make cancellation difficult. Under the Consumer Protection from Unfair Trading Regulations 2008, preventing cancellation through misleading or aggressive commercial practices is unlawful. You can complain to the Competition and Markets Authority (CMA) or Trading Standards. You may also be able to cancel through your bank via a continuous payment authority if direct debit cancellation is refused.
Does UK consumer law apply to purchases from overseas websites?
The position is complex. If a business is based in the UK or specifically targets UK consumers, the Consumer Rights Act 2015 and Consumer Contracts Regulations 2013 should apply. For EU-based businesses post-Brexit, UK law may apply if they target UK consumers, but enforcement across borders is harder. For purchases from outside the EU/UK, your primary recourse may be through your payment provider (credit card chargeback or Section 75) rather than UK consumer law directly.
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