A pram order can grow at the last step: an extended warranty ticked by default, a protection plan, a card fee, or a helpline that costs more to call than a normal number. UK regulations restrict each of these. This guide sets out what the legislation says. The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights (Payment Surcharges) Regulations 2012, as amended, are shown on legislation.gov.uk as extending across the UK. It is general information, not legal advice, and the regulations list some excluded contracts, so a particular purchase may be treated differently.
Extras need express consent
Regulation 40 of the 2013 Regulations covers additional payments. It says that 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. It adds that there is no express consent where consent is inferred from the consumer not changing a default option, and gives a pre-ticked box on a website as its example. Where a trader receives an additional payment that is not payable under this rule, the contract is treated as providing for the trader to reimburse it (legislation.gov.uk, Consumer Contracts Regulations 2013, regulation 40).
In a pram checkout, the extras that typically raise this question are a warranty, a protection plan, priority delivery or an accessory bundle. A box for one of these that is already ticked when the page loads is the kind of default option the regulation describes. The choice to add such an extra should be an active step by the shopper. Our guide to pushchair guarantees and extended warranties explains what these products add to legal rights, and the total-price rules in our guide to advertised pram prices cover charges that are unavoidable.
Card and payment fees
The 2012 Regulations deal with fees for paying by particular methods. Regulation 6A, inserted with effect from 13 January 2018, says a payee must not charge a payer any fee for payment by a card-based payment instrument, as defined in the interchange fee regulation the section refers to, that is not a commercial card. It applies the same ban to certain other payment instruments and services described in the provision, and provides that a payee receiving payment by a payment instrument must not charge a fee that exceeds the costs the payee bears for using that instrument (legislation.gov.uk, Consumer Rights (Payment Surcharges) Regulations 2012, regulation 6A).
Regulation 4 sets a cost-based limit for other means of payment: a trader must not charge consumers, in respect of the use of a given means of payment, fees that exceed the cost borne by the trader for the use of that means (regulation 4). For a shopper, the effect is that a “card handling” fee on an ordinary consumer debit or credit card payment is what regulation 6A prohibits, and a fee for a different payment method may not exceed the trader’s cost of that method. Regulation 5 lists excluded contracts, so the rules do not extend to every kind of contract. Our guide to paying for a pram by card covers the separate protections that come with card payments.
Calling the seller
Regulation 41 covers helplines. Where a trader operates a telephone line for consumers to contact it about contracts entered into with it, a consumer contacting the trader must not be bound to pay more than the basic rate. If a consumer is bound to pay more, the contract is treated as providing for the trader to pay the consumer the difference between the charge paid and the basic rate (legislation.gov.uk, Consumer Contracts Regulations 2013, regulation 41). The rule applies to a line used to contact the trader about a contract already made, which includes calls about a delayed pram, a faulty wheel or a return.
A checkout checklist
- Look for pre-ticked boxes and untick anything not wanted before paying.
- Check the final total against the price advertised, including any payment method fee.
- Note the seller’s customer service number and how it is charged before an order goes wrong.
- If an unwanted extra was charged, ask the seller in writing to refund it, citing regulation 40 of the 2013 Regulations.
- For help with a dispute, GOV.UK lists Citizens Advice in England and Wales, Advice Direct Scotland in Scotland and Consumerline in Northern Ireland (GOV.UK, “Consumer rights”).
Questions readers often ask
Can a retailer add insurance to the basket for me?
Regulation 40 says an additional payment needs the consumer’s express consent before the contract is made, and consent inferred from an untouched default option does not count.
Is a delivery charge an additional payment?
Unavoidable charges are dealt with under the total-price rules covered in our advertised pram prices guide, rather than as optional extras.
The bottom line
Three UK rules protect a pram buyer at checkout. An extra charge needs express consent, and a pre-ticked box does not provide it (regulation 40 of the 2013 Regulations). Fees for paying by ordinary consumer cards are prohibited, and other payment fees are capped at the trader’s cost (the 2012 Regulations). A helpline for existing contracts must not cost more than the basic rate (regulation 41). A shopper who spots an unwanted extra can ask for a refund and seek help from the consumer advice service for their nation.
Sources
- legislation.gov.uk, Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, regulation 40
- legislation.gov.uk, Consumer Contracts Regulations 2013, regulation 41
- legislation.gov.uk, Consumer Rights (Payment Surcharges) Regulations 2012, regulation 6A
- legislation.gov.uk, Consumer Rights (Payment Surcharges) Regulations 2012, regulation 4
- GOV.UK, “Consumer rights”