Over 18 checkbox on my website

[welcomebrand]

Perhaps a website forum post but I also just wanted to make sure on the legal aspect of checkboxes on website checkout pages if anyone can provide clarity for me.

I have a website (UK based with most customers in UK but some international sales) selling knives. Now we have an over 18 policy page and our general t&c's and shipping info and I was wondering if I need to specifically make people click a checkbox during their order process to say "yes, I've read these linked pages" or if I just need them on the website and it's implied or mentioned in the t&c's that all sales are under the terms.

Just trying to remove some clutter from the checkout process and the checkbox feels a little redundant to me but I'm not sure on an exact legal basis.

Any advice appreciated.

 

[welcomebrand]

I did read the forum rules and couldn't see anywhere it said it wasn't permitted to bump a post if you still didn't get an answer so (assuming I didn't miss something), if anyone reading now has any input on my question I'd be extremely grateful

 

[14Steve14]

Have you had a read of this page https://www.businesscompanion.info/...sales/online-sales-of-age-restricted-products

 

[welcomebrand]

Have you had a read of this page https://www.businesscompanion.info/...sales/online-sales-of-age-restricted-products

thank you, yes - seen these before and we do take steps outlined in here but specifically I was wondering about the tickbox and whether it was necessary or redundant at checkout

 

[14Steve14]

Have you thought of using an age check delivery service. Royal mail offer one but not sure if they would deliver knives as they are probably on their banned item list.

 

[welcomebrand]

Have you thought of using an age check delivery service. Royal mail offer one but not sure if they would deliver knives as they are probably on their banned item list.

We're already covered for that with age check on delivery, I was specifically wanting a legal perspective on whether I have to get people to tick the checkbox during purchase or if that bit is redundant and I can remove it

 

[eteb3]

From the trading standards pov it looks to be redundant.

From a contractual point of view I don’t see it adds anything either, assuming the under 18 ban is mentioned in your T’s and Cs: do they make it clear that age is a condition precedent for the sale? If it’s only a warranty then you probably can’t cancel the sale; the checkbox could be a warranty so not very strong

it may have a psychological effect to reduce complaints by putting people clearly on notice that the delivery will fail if they’re under 18, but presumably that’s manifestly clear from other aspects of the checkout process?

 

[Newchodge]

I was specifically wanting a legal perspective on whether I have to get people to tick the checkbox

I don't think you will get a legal perspective here, just forum opinion.

 

[jimbof]

We're already covered for that with age check on delivery, I was specifically wanting a legal perspective on whether I have to get people to tick the checkbox during purchase or if that bit is redundant and I can remove it

Are you sure you're actually doing enough if challenged?
Major online retailers do both some kind of online data-based age verification prior to dispatching, and then age verification after. I don't think they've done this off their own back, I believe it was in response to changes in legislation (https://verifymy.io/blog/offensive-weapons-act-update-april-2022/)
I think the checkbox as it stands is probably largely pointless (as it doesn't meet any kind of age verification bar), but I really wonder if you're falling short of what you should be doing here.
That doc says:
"
While neither the law nor the accompanying regulations specify what form of age verification technology is required, it is the government’s view that the following examples used by remote sellers would not be sufficient to demonstrate that the seller had an adequate system and that robust age verification has taken place:

• relying on the person purchasing the item to tick a box confirming they are over 18
• relying in any other way on information provided by the buyer (other than a valid form of identification) that they are over 18 without conducting additional checks
• using payment systems that may require the customer to be over 18 but which do not verify age at point of purchase i.e. assuming if they pay with a credit card they must be old enough to buy the item"

 

[Nick@Daydot]

This doesn't answer the question I know, but one of my bugbears is the generally poor design of consent boxes on checkout.

Principles
- put the checkbox right next to the checkout button, as that's where people look
- make the text standout, as people ignore it as 'useless' to them

so many times you'll find errors on checkout because people haven't checked the box.

I can't figure out how to embed an image here as it has to be a url rather than being able to upload from the local machine, so here's a good example you'll have to click on to see it example consent

If you want to ensure someone is 18 you might be better off asking them not just to check a box but have a radio button yes/no as ticking 'no' is a more active action than not ticking the box, which will just result in 'tick the box to continue'.

 

[Paul Kelly ICHYB]

I think your age consent activity needs to be different from T&C's - it will indicate more that you take the issue seriously and are not doing the minimum to comply.

You could even add a DOB entry box.

 

[jimbof]

"Sharp" exit from the OP @welcomebrand ...

 

[welcomebrand]

"Sharp" exit from the OP @welcomebrand ...

what do you mean?

 

[welcomebrand]

Have you thought of using an age check delivery service. Royal mail offer one but not sure if they would deliver knives as they are probably on their banned item list.

We use DPD age check/signature with no unattended deliveries permitted and are approved by them (ie. we are permitted even though their general terms obv don't allow knives) to send bladed items

 

[jimbof]

what do you mean?

Just that it seemed to all go to tumbleweeds at the point I asked if you were actually doing enough for age verification. You seem to be putting a lot into the verification on delivery, and trying to remove stuff from your checkout process, but all that I've read seems to imply verification needs to happen at point of purchase, too (and a checkbox isn't enough).

 

[Mike W]

We're already covered for that with age check on delivery, I was specifically wanting a legal perspective on whether I have to get people to tick the checkbox during purchase or if that bit is redundant and I can remove it

It's not redundant as such but it's not enough

Just that it seemed to all go to tumbleweeds at the point I asked if you were actually doing enough for age verification. You seem to be putting a lot into the verification on delivery, and trying to remove stuff from your checkout process, but all that I've read seems to imply verification needs to happen at point of purchase, too (and a checkbox isn't enough).

Age verification needs to happen at point of sale with all age-related products from tobacco/vaping, adult site etc etc. I'm not sure it's yet a legal obligation enforceable by penalties but, if not, it's very soon to be upon us. I'm currently working with a company called Luciditi who provide this service to many businesses of the type I mentioned. If you want to find out some more send me an email [email protected]