Retail & E-commerce Law
Consumer rights in online and high-street sales, distance selling, digital content, and marketplace compliance.
Introduction
Retail and e-commerce law regulates the sale of goods, services, and digital content to consumers, with particular emphasis on online transactions. The principal statute is the Consumer Rights Act 2015, which sets quality standards for goods, digital content, and services. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 govern distance selling, including mandatory 14-day cooling-off periods for online purchases. The Online Safety Act 2023 and emerging AI regulation also affect digital marketplaces. Businesses selling online must also comply with GDPR/UK GDPR requirements for data collection, cookies, and electronic marketing.
Core Principles
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.
Key Statutes
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
Common Scenarios
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.