What do Distance Selling Regulations mean to you?
The Consumer Protection (Distance Selling) Regulations 2000 (‘Distance Selling Regulations’) ensure protection to consumers when shopping either online or enter into other contracts at a distance as the consumer does not have the benefit of examining the goods or services that are being offered. Examples of distance selling include selling via the internet, telephone, text messaging fax or mail order.
What rights do Consumers have?
The Distance Selling Regulations provide consumers with the following rights:
- to receive sufficient information about the supplier, goods and services before deciding to buy
- to receive details of the price of good or services including taxes
- to receive delivery details
- to receive details of how payment can be made
- to receive details of arrangements of delivery or performance of service
- to receive confirmation of this information in writing
- information on how to cancel or withdraw from the contract
When do the Distance Selling Regulations apply?
The Distance Selling Regulations apply to distance contracts for the sale of goods or supply of services; concluded between a supplier and a consumer; and/or where communication with the consumer is not face-to-face
For example, distance communication may include the following:
- web pages;
- leaflets dropped through letter boxes;
- letters;
- catalogues;
- telephone;
- email;
- fax; and
- television such as teleshopping.
What are the requirements of the Distance Selling Regulations?
The Distance Selling Regulations require suppliers to:
1. Provide consumers with certain information before concluding a contract
A supplier must ensure that the following information has been provided to a consumer in a clear and comprehensible form and manner before conclusion of the contract. Failure to provide such information may result in the contract being unenforceable against a consumer:
- information and the identity of the supplier and, if advance payment is required, the supplier’s address;
- description of the goods or services;
- the price including taxes;
- delivery costs and delivery arrangements (if appropriate);
- details of the right to cancel; and
- the procedure to return goods and whether or not the supplier offers substitute goods or services.
2. Provide consumer with written confirmation
Suppliers must provide consumers with written confirmation of the following information:
- Information about the supplier (name and address)
- if any payment is required to be made in advance
- description of the goods and/or services together with the price (including all taxes)
- details of delivery including delivery costs
- payment arrangements and
- procedures on how to cancel the contract
3. Provide consumers with information on how to cancel the contract
Subject to certain exception, the Distance Selling Regulations allow consumers to cancel a distance contract at any time during a “cancellation period”. This is also sometimes referred to as a “cooling-off period”.
The cancellation period for goods and services is usually 7 working days beginning with the day after the goods have been delivered. However, there are certain exceptions where performance of the services has begun or have been completed.
4. Refund consumers within a specific time period
In the event that a consumer cancels a contract, the supplier must, within 30 days of cancellation, refund any sums paid by the consumer. This includes the price paid for the goods and any delivery costs paid by the consumer. However, the costs cannot be passed on to the consumer where the goods are returned because they are faulty.
5. Perform the contract within a certain time period
Unless otherwise agreed, the contract must be performed by the supplier within 30 days from the day after the consumer placed and order.
This guide kindly provided by Darlingtons, a well known and dynamic solicitors in London.
