The seller has a system in place to verify the age of the purchaser and that they are not under 18, and that the system is likely to prevent purchases by under 18s.
It is for the seller to decide what system works best for their business model and will allow them to demonstrate that they took all reasonable precautions and exercised all due diligence.
However, it is the government’s view that the following examples used by online 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.
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The package when dispatched by the seller is clearly marked that it both contains a bladed article and that it can only be delivered and handed over to a person aged 18 or over (whether the purchaser or someone representing them).
The legislation does not stipulate the type of labelling or any of its characteristics, and so sellers will need to determine how best to comply with the labelling requirement.
In the government’s view, it is unlikely that electronic labels used on handheld signature devices as often used by delivery companies and couriers would satisfy the requirements of the Act: This package contains a bladed article and must only be delivered into the hands of a person aged 18 or over.
The seller has taken all reasonable precautions and exercised all due diligence to ensure that the package is delivered to a person aged 18 or over.
This applies whether the seller delivers the package themselves or through a third party e.g. by staff at a collection point. But, if the seller does not deliver the package, then an age-restricted bladed article cannot be delivered, nor arrangements made to deliver it, to a locker, because this is illegal (for example, the type where the consumer would be given an access code to open the locker and collect the product). This is because it would not be possible to verify the age of the person collecting the item from a locker.
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We also have created this free guide to help you navigate how to safely sell knives, blades and corrosive products online. We highlight how digital identity can be integrated into this process to help protect your business and customers.
