Legal Obligations as a Seller

DanMBS
DanMBS Posts: 5 Forumite
in Small biz MoneySaving
Hello,

I plan to monetise my website by charging for premium content and by offering my own online mentoring services.

However, I am unclear as to my legal obligations as a seller, specifically:

1) Refunds: Given that I am not selling a product - but instead providing membership access and providing my guidance by Skype/consultations - do I have to provide a minimum period for a refund by law?

I have read 14-days for 'digital goods' but I'm not sure if this qualifies.

2) Should I take payments via PayPal or go through Clickbank?

3) Anything else (T&Cs etc) that I need to do limit my liabilities?

Thanks.

Comments

  • TBagpuss
    TBagpuss Posts: 11,203 Forumite
    First Post First Anniversary Name Dropper
    Well, you are selling a service. You will have to comply with the Consumer Contracts Regs (previously distance selling regs).

    Customers have a 'cooling off' period, and if you do the work / provide the service in that period they have to explicitly agree to pay for anything you do between their order and the end of the cooling off period.
    Similarly, if you are providing something to be downloaded then you don't have to give refunds (unless it's faulty) but you do have to explicitly state, and they have to explicitly agree, that there will be no refunds once the download starts.

    So you need to be very careful about getting your order and cancellation processes and form correct.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • DanMBS
    DanMBS Posts: 5 Forumite
    Hi, thanks for the reply.

    If I am offering purely a monthly/annual subscription service - or a one-time access fee for the premium content on my site - would this count as a 'download'?

    For example, once they have paid, registered and logged into the premium area of the site - is this effectively 'downloading' the content.

    Otherwise, if I have to offer them a 14-day refund period, they could just read/copy the content and then cancel.

    Any input appreciated - thanks.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    So you wont be updating the content regularly?


    Surely that's the whole point of a subscription?
  • DanMBS
    DanMBS Posts: 5 Forumite
    Yes, I will be updating the content.

    But only paying members will see it.
  • 00ec25
    00ec25 Posts: 9,123 Forumite
    Combo Breaker First Post
    edited 20 October 2017 at 12:23AM
    DanMBS wrote: »
    Otherwise, if I have to offer them a 14-day refund period, they could just read/copy the content and then cancel.
    ......
    But only paying members will see it.
    http://lmgtfy.com/?q=right+to+cancel+and+purchase+of+ebooks

    the answer to that q is here: http://www.which.co.uk/consumer-rights/advice/how-do-i-cancel-an-order-for-a-service-bought-online
  • DanMBS
    DanMBS Posts: 5 Forumite
    Yes, I have read that - along with several other articles - the net outcome being somewhat conflicting.

    I wasn't sure if accessing a forum/paid content was classed as a digital download or a service.

    I'll assume that point 3 from the referenced article holds: as soon as they have accessed the content, the 14-day cooling-off period is waivered; as long as this is stipulated in the terms and conditions.

    Cheers.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    DanMBS wrote: »
    Yes, I will be updating the content.

    But only paying members will see it.
    So any that choose to copy and cancel will lose out then. As they wont have access to up to date info
  • DanMBS
    DanMBS Posts: 5 Forumite
    Yes, this is true.

    Some of the pillar content will remain static to some extent - hence my concern.

    Cheers.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    DanMBS wrote: »
    Yes, this is true.

    Some of the pillar content will remain static to some extent - hence my concern.

    Cheers.



    I suspect that any issues will be the minority of customers - assuming your content is worth while.
  • Savvy_Sue
    Savvy_Sue Posts: 46,018 Forumite
    Name Dropper First Post First Anniversary
    I would strongly recommend finding a solicitor who specialises in this area and getting them to check over whatever T&C you want to run with.
    Signature removed for peace of mind
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