|
1
|
Information about the ECA provider and its products or services
|
|
(1)
|
An outgoing or domestic ECA provider must
make the following information easily, directly and permanently available
to any ECA recipient,
in relation to any electronic
commerce activity which it provides:
|
|
|
(a)
|
the name of
the provider1;
|
|
|
(b)
|
the address
in the United Kingdom at
which it is established;
|
|
|
(c)
|
the provider's
e-mail address (if it has one);
|
|
|
(d)
|
a statement
of the provider's statutory status (in accordance with GEN 4 Annex 1 (Statutory status disclosure)), accompanied by a link to the FSA Register in the form
www.fsa.gov.uk/register;2
|
|
|
(e)
|
a statement
that the provider is entered in the FSA's Register
and its FSA Register number;
|
|
|
(f)
|
if the service
is subject to Value Added Tax, the relevant identification number.
|
|
(2)
|
If
an outgoing or domestic ECA provider refers to the price
(including any charges)
of its services or products, it must do so clearly and unambiguously and,
where relevant, indicate whether the price is inclusive of tax and delivery
costs.
|
|
(3)
|
An outgoing or domestic ECA provider must
ensure that commercial communications which are part of or constitute an electronic commerce activity comply
with the following requirements:
|
|
|
(a)
|
the commercial
communication must be clearly identifiable as such;
|
|
|
(b)
|
the person on whose behalf
the commercial communication is made must be clearly identifiable;
|
|
|
(c)
|
promotional
offers, competitions or games must be clearly identifiable as such and any
qualifying conditions must be set out clearly and unambiguously.
|
|
(4)
|
An outgoing or domestic ECA provider must
ensure that any unsolicited commercial communication sent by it by electronic
mail is clearly and unambiguously identifiable as such as soon as it is received.
|
|
|
Information about the technical steps required to place an order
|
|
(5)
|
An outgoing or domestic ECA provider must
make the following information clearly, comprehensibly and unambiguously available
to an ECA recipient,
before the recipient places an order:
|
|
|
(a)
|
the technical
steps the recipient should follow in order to conclude the contract;
|
|
|
(b)
|
an indication
of whether the provider will keep a record of the contract and whether it
will be accessible to the ECA
recipient;
|
|
|
(c)
|
the technical
means of identifying and correcting input errors before the ECA recipient submits the order; and
|
|
|
(d)
|
the language
or languages in which the contract may be concluded.
|
|
(6)
|
An outgoing or domestic ECA provider must
mention any relevant code of conduct to which it subscribes and provide information
on how to access the code electronically.
|
|
(7)
|
An outgoing or domestic ECA provider must
ensure that the terms and conditions of the contract are made available in
a way that allows an ECA
recipient to store and reproduce them.
|
|
(8)
|
Where
the recipient of the service is not a consumer,
an outgoing or domestic ECA provider may agree with him
that some or all of paragraphs (5), (6) and (7) do not apply.
|
|
(9)
|
Paragraphs
(5) and (6) do not apply to contracts concluded exclusively by exchange of
electronic mail or by equivalent individual communications.
|
|
2
|
|
Requirements relating to the receipt of orders
|
|
(1)
|
When an ECA recipient places an
order by electronic means, an outgoing or domestic ECA provider must
ensure that receipt of the order is acknowledged without delay.
|
|
(2)
|
For the purposes
of (1) the order and the acknowledgment of receipt are deemed to be received
when the parties to whom they are addressed are able to access them
|
|
(3)
|
An outgoing or domestic ECA provider must
ensure that it makes available to an ECA
recipient, appropriate, effective and accessible technical means
allowing him to identify and correct technical errors before placing an order.
|
|
(4)
|
Where the recipient
of the service is not a consumer,
an outgoing or domestic ECA provider may agree with him
that some or all of paragraphs (1), (2) and (3) do not apply.
|
|
(5)
|
Paragraphs (1)
and (3) do not apply to contracts concluded exclusively by exchange of electronic
mail or by equivalent individual communications.
|
|
3
|
|
Requirements for professional firms and EEA equivalent firms
|
|
(1)
|
If an outgoing or domestic ECA provider is
a professional firm,
or a person that is regulated by the equivalent of a designated professional body in an EEA State other than the United Kingdom, it must
make the following information easily, directly and permanently available
to any ECA recipient:
|
|
|
(a)
|
the name of
the professional body (including designated
professional body) or similar institution with which the provider
is registered;
|
|
|
(b)
|
the provider's
professional title and the EEA
State where it was granted;
|
|
|
(c)
|
details of the
professional rules to which the provider is subject in the EEA State where it has its establishment.
|
