SELLING ONLINE IN 2020 - TIPS FOR TRADERS IN IRELAND - Dublin Chamber
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SELLING ONLINE IN 2020 TIPS FOR TRADERS IN IRELAND
Selling Online in 2020 Tips for Traders in Ireland Ireland has a web-savvy population, 70% Research shows that consumers have of which shops online, with 60% of all increasingly higher expectations when it purchases made from sellers based within comes to clarity and transparency of online the EU, which makes it one of the countries transactions, particularly when it comes to with the highest spending power per product information, shipping methods and e-shopper in Western Europe. The leading returns management. Online shoppers also marketplace in 2019 in Ireland was Amazon look for seamless purchase, fulfilment, and (where 58% of sales are by third-party service experiences, and online retailers merchants), but there is a surge in own- now focus on optimising the customer webshop, online operations by all sizes of journey with e-commerce websites that retailers in both Ireland and across the EU. are responsively designed, easy to use, Online selling in Europe is growing steadily and fully compatible on mobile platforms. every year and Europe as a whole continues Moreover, in a competitive, ever-growing to be the largest B2C e-commerce market in global e-commerce market, online retailers the world. Mobile e-commerce is expected should also concentrate in gaining trust with to account for nearly 50% of all online sales customers. in 2020. Enterprise Europe Network Selling Online in 2020 – Tips for Traders in Ireland 3
Here are some basic tips on how that can be done to the benefit of both:
TRADER OBLIGATIONS ADVERTISING AND PRICING
Any online trader that All marketing by online retailers
sells goods or services must comply with the general
to consumers, either principles that govern all
nationally within Ireland, advertising – it must be legal and
or cross-border within the truthful. It is an offence to make
European Union, must comply false or misleading claims about your goods
with Irish and EU legislation*. or services and prices. By law, businesses
must display tax-inclusive prices of goods
First and foremost, traders have a legal and services, including VAT and not have any
obligation to clearly state their company/ extra “hidden” charges.
trading name, postal and e-mail addresses,
where available, on their own websites as
well as on marketplaces such as Amazon,
Ebay, Etsy, etc. According to the latest
TRANSPARENT PROCESSES
consumer legislation, traders cannot Websites of online retailers
discriminate against consumers who live in must feature a set of Terms and
different countries, but do not have to offer Conditions, in plain, intelligible,
delivery services (rather, the consumers may unambiguous language, with
arrange their own collection and delivery). In clear, comprehensive information
addition, gift vouchers (including electronic on the goods, pricing, delivery,
vouchers) issued by Irish companies are to method of payment, withdrawal/cooling-
be valid for at least 5 years. off period, complaints handling process,
after-sales service, returns and refund policy,
etc. Consumer contracts can be deemed
unfair if any of the terms therein causes a
BRAND REPUTATION significant imbalance in the parties’ rights
Online traders should consider and obligations to the detriment of the
using trust marks. The EU consumer.
Trusted Shops is Europe’s most
popular e‑commerce trustmark.
It means that certified shops are in line with
comprehensive quality criteria, offer their
DATA PROTECTION
customers financial risk protection with From 2018 all websites must feature a data
money-back guarantee, and handle personal collection and privacy statement detailing
data with care. the type of customer information websites
and embedded processors collect, the
In Ireland, Retail Excellence promotes reason why the data is collected and how
cross-border trade and provides the Irish it will be stored, used further or shared
eCommerce Trustmark, which means the with third parties. If the
webshop has passed a European standard of website uses cookies, the
excellence when it comes to user experience consumer’s consent will be
and secure payments. Statistics show also required.
that a trust-marked website will increase
conversion rates by 40% and basket sizes by
30%.
Enterprise Europe Network Selling Online in 2020 – Tips for Traders in Ireland 4
PAYMENTS Consumers can also seek a refund, before
and after the 6 months (in the latter
All websites must use a case, the consumer must prove the fault
secure payment and check- existed at the time of the delivery), if the
out processing systems to trader does not or cannot offer a repair or
ensure sensitive customer replacement.
transaction data will be Some products come with a
protected. Pre-ticked boxes manufacturer’s guarantee and retailers
for additional payments are not permitted, also have the option of offering their own
and traders are required to seek consent guarantee – the terms of these guarantees
for any additional payments. Traders must feature in writing alongside the
cannot charge more for using a particular products they pertain to.
means of payment, such as a credit card.
DELIVERY AND RETURNS
PRODUCT SAFETY
Consumers must be
Products offered on informed of any delivery
your website must be of restrictions by the
merchantable quality, fit for beginning of the ordering
purpose, as described, and process. After an order
correspond to any samples or is completed, the seller has 30 days to
models used. Consumers have the same deliver it, unless otherwise agreed with
rights when buying second-hand products the buyer. If the trader is unable to uphold
as they have when buying new ones, these terms, it must inform the consumer,
though they might not be expected to be who in turn must agree to a revised date
as durable as a brand new item. of delivery. If the contract is not fulfilled
If a fault occurs within the first 6 months during this additional period of time, the
after delivery, the consumer has the right customer will be entitled to terminate the
to have the product repaired or replaced at purchase contract and obtain a refund.
no extra cost, unless the damage occurred
through improper maintenance or misuse.
© Jing Zhang illustration
Enterprise Europe Network Selling Online in 2020 – Tips for Traders in Ireland 5
COOLING OFF CUSTOMER COMPLAINTS
All websites must provide contact
In the EU, customers have
details that can be used by consumers to
14 working days to cancel
notify faults and submit complaints. If a
or withdraw from an online
trader operates a telephone helpline for
and distance purchase
customer service or complaints, it cannot
without having to give any
charge more than the national rate.
reason. When a customer
exercises this right, traders have 14 days
Complaints against traders based in
to refund the money. For digital content
Ireland are handled by the Competition
purchases, the cooling-off period expires
and Consumer Protection Commission
when the downloading / streaming starts.
(ccpc.ie), including through an out-of-
Exclusions apply to this cooling-off
court Alternative Dispute Resolution
period; these include: perishable goods,
(ADR) body. Since 2016, both domestic
personalised / custom-made items,
and cross-border consumer–trader
single-issue publications, gaming and
disputes can be settled by using the
lottery services, unsealed items that
Online Dispute Resolution platform
cannot be returned for hygiene reasons,
provided by the European Commission.
tickets for events, reservations for flights,
The European Consumer Centre Ireland
hotels or holiday homes, car rental.
can help clarify the legal rights of the
Nevertheless, the trader must inform
parties in cross-border disputes and assist
customers where an item or service falls
in reaching a fair agreement.
within these exclusions.
Both traders and consumers can avail
of the Irish Small Claims Procedure in
the courts in Ireland and the European
REFUNDS Small Claims Procedure for cross-border
If a consumer is entitled to a disputes.
refund, this can be made in
cash, by cheque or by credit Learn more about trader rights and
/ debit card. A credit note obligations as well as useful information
is not an adequate form of for doing business online here:
remedy unless the consumer
voluntarily accepts it. The • europa.eu/youreurope/business
only charge that may be made ec.europa.eu/consumers/odr
to the customer after items are returned • e-justice.europa.eu
is the direct cost of returning the goods • ccpc.ie/business
unless the trader has agreed to bear • eccireland.ie
them or the trader failed to inform the • dataprotection.ie
consumer that the consumer has to bear • trustedshops.eu
them. • retailexcellence.ie
• asai.ie
• courts.ie
• ecommerce-europe.eu ec.europa.eu/
eurostat
Enterprise Europe Network Selling Online in 2020 – Tips for Traders in Ireland 6
*APPLICABLE LEGISLATION • Sale of Goods and Supply of Services Act 1980 • Regulation (EU) No 524/2013 on Online Dispute Resolution for Consumer Disputes • Directive 2013/11/EU on Alternative Dispute Resolution for Consumer Disputes • Directive 2011/83/EU on consumer rights • Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce • Directive 1995/46/EC on the protection of individuals with regard to the processing of personal data (General Data Protection Regulation – GDPR) • Directive 1998/6/EC on consumer protection in the indication of the prices of products offered to consumers • Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market • Directive 2015/2366/EU on payment services in the internal market • Directive 1999/44/EC on certain aspects of the sale of consumer goods and associated guarantees • Directive 1993/13/EEC on unfair terms in consumer contracts • Directive 2011/83/EU on consumer rights • Communications Regulation Act 2002 • Consumer Protection Act 2007 • Regulation (EU) 2018/302 addressing unjustified geoblocking and other forms of discrimination based on consumers’ nationality, place or residence or place of establishment within the internal market • The Consumer Protection (Gift Vouchers) Act 2019 Enterprise Europe Network Selling Online in 2020 – Tips for Traders in Ireland 7
This publication is brought to you by the Enterprise Europe Network in Dublin Chamber, in cooperation with European Consumer Centre Ireland. DUBLIN CHAMBER EUROPEAN CONSUMER CENTRE OF COMMERCE IRELAND 7 Clare Street, Dublin 2, 1 Green Street, Dublin 7, D02 F902 D07 X6NR international@dublinchamber.ie info@eccireland.ie
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