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Paying for parcel protection
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also consider a chargeback if the charge was not prominent and you never agreed to it so it was a breach of contract.
Chargebacks do not cover breach of contract.
Life in the slow lane1 -
You are mixing things up… the ICO only considers a checkbox on consenting to data sharing not about ancillary products etc.
Technically there is no issue even automatically including either mandatory or optional extras however you have to be up front about it and not simply add it on step 14 of 15 having shown a different total price from step 3
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I don't think that's 100% correct, see previous comment from A_Geordie re CCRs, add in DMCC and headline price requirements any extras that are mandatory should be included in the price displayed, my understanding is you can't say £9.99 and under that £1.99 mandatory extra, it should £11.98 headline,
Any optional shouldn't be automatically included, or rather require the consumer's express consent in that they have to actively pick the extra, trader can not add optional extras outside their main obligation (this nonsense from Boohoo not being a main obligation) CCRs expanded from link previously posted:
(1) Under a contract between a trader and a consumer, no payment is payable in addition to the remuneration agreed for the trader's main obligation unless, before the consumer became bound by the contract, the trader obtained the consumer's express consent.
(2) There is no express consent (if there would otherwise be) for the purposes of this paragraph if consent is inferred from the consumer not changing a default option (such as a pre-ticked box on a website).
In the game of chess you can never let your adversary see your pieces1 -
So how does that work when it's £1.99 per order not per item? You can't inflate the headline price of every item by £1.99 because thats also incorrect.
Its the same with P&P, most websites won't show you the cost of posting when they have a banner saying get X for only £11.99 but it should be shown at the earliest opportunity which may require further information from the customer like which country they are in. This is often handled by your basket highlighting that there is a P&P to be calculated once the delivery address is known. Seems an apt time to also highlight the per order fee.
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Delivery (where the consumer can not collect (presumably free of charge by the trader) or arrange their own delivery) falls under the scope of DMCC by being required to form part of the invitation to purchase according to the CMA guidance.
Delivery I assume falls under part of the trader's main obligation as an implied term under the CRA (unless otherwise agreed) so presumably is outside the scope of that section of the CCRs
Regardless they can't add any such fee like "parcel protection" automatically as per CCRs, if it's mandatory it should form part of the headline price, if it can't because it's per order for example, then how it is to be calculated needs to form part of the invitation to treat.
If it isn't mandatory it requires express consent and you can't automatically add something and have express consent because the two are opposite of one another.
In the game of chess you can never let your adversary see your pieces0 -
So answer the question, how do you include a per order fee in the headline price without it misadvertising the price for someone planing to buy 3 items
Many places that have physical stores do have a click and collect option, though not all are free. No one I've seen have an advert saying something is £99.99 inc some random assumption on P&P -v- click and collect and if the person is mainland England, distal Scottish island or Australia. They may call out its plus P&P, they may say P&P is from £1.99 but with a range of options and prices varying by customer location they dont include the exact cost in the headline price because its not possible to
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Tell the CMA that? I don’t know, that’s what the regs and guidance say 🙂
In the game of chess you can never let your adversary see your pieces0 -
Officially no, but when I have had the bank being indecisive I used those magic words and they immediately come on my side.
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I agree and understand what you are saying but what I am talking about is good practice, one firm got fined a substantial amount for pre-ticking.
The point I was making is that it is frowned upon and you can't say a customer chose it when the computer did the choosing. Thus it can't be enforced. I would encourage all to fight it so that the cost of admin is 5x higher than the amount they steal from their customers.
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