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Suppose you run an online business selling products or services in England and Wales or are considering setting up such a business. In that case, you may wonder whether you can sell to those under the age of 18 or how you can ensure that you only sell to those over 18. There can be legal ramifications in selling to minors, particularly if you accidentally sell goods that are age-restricted. This article will explain what you need to know about selling to minors in England and Wales.
Selling Goods Online
When you buy goods online, you enter into a contract. The conditions of a legally binding contract are:
- the offer;
- acceptance of that offer;
- consideration, where each party to the contract gives the other party something. In the purchase of online goods, the buyer promises to give you money for the goods they want to order, and you as the seller agree to provide those goods in return for that money;
- the parties have the intention to be legally bound; and
- the parties are legally capable of entering into a contract.
That last condition is the problematic one. Indeed, English and Welsh law does not consider minors (i.e. those under 18) as legally capable of entering into a contract.
The reality is that if you are selling goods or services that do not fit into these limited exceptions, a minor will not be considered as having entered into a contract with you. Therefore, any goods sold to minors will be at your own risk. For this reason, it is a good idea to have a clause in your website terms and conditions reflecting that you only sell to adults. So, only those over the age of 18 should use your website.
If you are happy for those under 18 to use your website, browse your store and potentially purchase goods, you should have a clause that states that those using your website must have the permission and supervision of their parent or guardian.
Age-restricted Goods
Even if you decide you are happy to sell to minors in certain conditions, you must note that in England and Wales, some underage sales are illegal. Therefore, you must have systems in place to ensure that people under 18 cannot purchase particular age-restricted goods. Examples of some of these goods are:
- fireworks and sparklers;
- alcohol;
- knives and other bladed articles;
- Botox and cosmetic fillers;
- lottery tickets;
- nicotine inhaling products;
- tobacco products, including cigarette papers; and
- video games, DVDs, and Blu-rays, which are age-classified (e.g. you must be 12 or over to buy a DVD classified 12, 15 or over if the classification is 15 and 18 or over for those classified 18).
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Precautions to Avoid Selling Age-restricted Goods to Minors
You must take reasonable steps to ensure you do not sell any age-restricted products to someone younger than the relevant age. It will not be enough to rely on the purchaser telling you that they are over the relevant minimum age or asking them to give you their date of birth. Nor can you rely on a statement saying something like, ‘by ordering this product, you confirm you are over 18’. You also cannot rely on someone paying by credit card since those under 18 can get debit or prepaid cards. Payment processors cannot necessarily tell the difference between a payment card only available to adults and one for minors.
Instead, you will need to think about how you can verify your customer’s identity. For example, you could work with your chosen delivery drivers to ensure that the person who has ordered the goods must show their ID before giving the purchaser their goods. Alternatively, you could use online age verification software to check the age of those ordering. Age verification software works by using sources such as the electoral register and credit check agencies to verify a person’s age. Another method would be to allow people to purchase goods, but customers must then pick these up in-store. In this situation, you can refuse to hand over the goods unless the customer shows you their ID proving their age.
Key Takeaways
You need to consider two issues of your business plans to sell to minors in England and Wales. Firstly, there is a contractual issue. In most cases, a person under 18 cannot legally enter into a contract. This effectively means if anything goes wrong, you cannot rely on the fact there was a valid contract to purchase your goods, and you, as the seller, are basically out of luck in that situation.
The second issue is that it is illegal to sell certain goods to those under 18. Therefore, if you sell any goods that do have age restrictions, such as tobacco or alcohol, or even age-restricted video games, you must put in place effective measures to ensure that minors cannot purchase these goods from you.
If you need help ensuring that you take the proper steps to deal with potential purchases by minors, our experienced e-commerce lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 0808 196 8584 or visit our membership page.
Frequently Asked Questions
Under English and Welsh law, no, the law is quite strict. You also have to take further measures than this. Generally, some proof of age will be required. You could satisfy this by requiring proof of age on delivery or collection of goods or using some form of age verification software.
You can include language in your terms and conditions indicating that only adults may purchase your goods and that children may only use your website with permission and under the supervision of their parent or guardian. You could also require the buyer to confirm they are over 18 or provide a date of birth to confirm their age.
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