Gifts specialist Claus has this week already failed to respond
to accusations that his data protection
policies are putting children's personal data at risk.
"Under the Distance Selling Regulations anyone taking orders in
the post as Santa does has certain obligations," said Struan
Robertson, e-commerce specialist at Pinsent Masons, the law firm
behind OUT-LAW.COM.
"Children have a right to reject the gifts they requested and
receive a full refund within seven working days. If he does not
provide lots of information about the child's purchase when making
his delivery then that period can be extended by up to three
months," said Robertson.
"All they have to do is cancel their contract, and I imagine a
follow-up letter up the chimney should do it. He must also tell
children that they have this right, which he plainly doesn't," he
said.
Under the Distance Selling Regulations, Claus is obliged to
provide children with details of the price of the goods delivered,
something which is to most people not in the spirit of Christmas. A
source close to the Grotto said that Claus was simply unprepared to
bend to that rule.
"Santa says he takes the hit on that one every year, giving
canny kids the chance to get refunds because he's failed in the
information he supplies," said the source. "But what good is a
Santa with price tags? It's just not Christmas."
For the laws to apply there must be a contract in place, but
Robertson said that this was almost always the case. "The letter up
the chimney is clearly an offer, the delivery of the goods is
acceptance. Under English law there also must be a form of
consideration, which the glass of brandy and carrot clearly qualify
as," he said. "It does mean, of course, that the less generous
household which leaves nothing for Santa or the reindeer is left
without adequate consumer protection, which seems oddly just."
OUT-LAW can also reveal that Claus is likely to be in breach of
one company's trade mark with his gift distribution enterprise.
'Santa Claus of Greenland' has a trade mark over that term in
relation to games, playthings, sports goods, decorations for
Christmas trees and the regulation and control of electricity,
amongst other things.
"This is a clear case of infringement," said David Woods, a
litigation specialist at Pinsent Masons. "True, Santa is from
Lapland not Greenland, but I think that you could make the case
that the level of general ignorance of geography is such that
confusion would be created by Santa's trading under the name Santa
Claus."
Tomorrow: OUT-LAW reveals Claus's shocking attitude to
health and safety
