Distance Selling
DISTANCE SELLING LAW – SOLICITORS IN EAST LONDON
The UK’s Distance Selling Regulations
Introduction
The aim of the Distance Selling Regulation (Consumer Protection (Distance Selling) Regulations 2000) is to protect consumers when they enter into contracts at a distance from the supplier because they do not have the benefit of inspecting the goods directly. This special protection is offered when buying goods through the internet, from the television, through leaflets dropped from your door, letters, catalogues, telephone with or without human interaction, email and fax.
The Regulations only apply to transactions between consumers and businesses and not those between businesses and businesses.
The Regulations award consumers the right to receive clear information about the goods and the sale before deciding to buy; the right to receive confirmation of this in writing; a cancellation period of 7 working days in which to withdraw from the contract.
The Regulations do not apply to most contracts for the sale of transfer of land or for buildings on land; contracts for financial services to be provided; contracts arranged through public pay-phones.
Written confirmation
The supplier must provide the consumer with confirmation of details of the sale otherwise the distance contract cannot be enforced. The confirmation provided must be made in some form of writing. This could feature in the acknowledgment mail, or in the term and conditions made after the order has been placed.
Right to cancel
The Regulations allow a consumer to cancel a distance contract at any time during the “cooling-off period”. This is defined as 7 days after the order has been made.
Exceptions to the right to cancel
There are certain exceptions to the consumer having the right to cancel during the cooling period. This will depend on fluctuations in the financial market which the supplier cannot control; if the goods cannot be returned because they are likely to deteriorate or expire rapidly.
Refunds
Once a contract has been cancelled, any sum which has been paid by the buyer must be refunded within 30 days of the cancellation. The delivery of the costs must also be repaid.
The supplier may only charge the consumer for the cost of not recovering the goods where it is specified in the contract that an obligation to return the goods is included.
Performance of the contract
The supplier must perform the contract within 30 days from the day after the consumer sent his order to the seller, unless the parties agreed otherwise.
It is open to the consumer and seller to agree on a revised date however if a date cannot be reached the seller must inform the consumer and repay any sum paid to him by the consumer.