as amended by the Consumer Protection (Distance Selling) (Amendment) Regulations 2005
The Distance
Selling regulations came into force on
The full text of the regulations as amended in 2005 can be found here.
NB: as is often the case with UK implementations of EU-derived legislation, the regulations are less than clear in places; this FAQ represents our understanding, but does not claim to be wholly comprehensive or complete, and may contain minor inaccuracies. Where a specific situation is under consideration, there can be no substitute to considering the regulations themselves.
In
outline, the regulations generally apply when a business deals with a consumer
and concludes a contract without first having any form of face to face meeting
(reg 4).
Certain types of contract are excluded
(most contracts relating to sale of land; financial services; vending machines; auctions) (reg 5).
Certain other types of contract are
partially excluded (timeshare agreements;
everyday goods delivered by roundsmen; contracts for accommodation, transport,
catering or leisure services booked for a specific date or to be provided
within a specific period; package
holidays) (reg 6).
Where
the regulations apply, there are basically 4 requirements –
prior information,
written confirmation,
right
to cancel, and
time for performance.
Prior Information (reg 7):
Before a contract is formed certain
information must be provided, including the following:
Ø
Name and address of supplier
Ø
Description of main characteristics of
the goods or services
Ø
Price including taxes
Ø
Delivery costs
Ø
Arrangements for payment & delivery
/ performance
Ø
Notification of right to cancel
Ø
Cost of means of distance communication
if other than basic rate
Ø
Period for which any offer remains
valid
Ø
Minimum duration of any ongoing or
recurring contract
Additionally, if the supplier proposes to
reserve the right to supply substitute goods or services he must say so – and
that the cost of returning substitute goods will be met by the supplier.
This information must be presented clearly, and must take into account a general duty to act in good faith, and also the position of those such as minors who cannot enter contracts.
Written confirmation (reg 8)
In most cases, the contract must be
followed promptly with written confirmation (email should generally suffice)
of:
Ø
Name and address of supplier
Ø
Description of main characteristics of
the goods or services
Ø
Price including taxes
Ø
Delivery costs
Ø
Arrangements for payment & delivery
/ performance
Ø
Notification of right to cancel
Ø
How to cancel, including whether
consumer required to pay costs of return of goods, and who is responsible for
costs of return
Ø
Where complaints should be addressed
Ø
Information about any after sales
services or guarantees
Ø
Conditions for exercising any right to
cancel in case of ongoing or recurring contract
Right to cancel (reg 10)
For goods, where notice of the right to
cancel has been properly given, the period begins when the contract is
concluded, and ends seven working days after receipt of the goods .
For services, where notice of the right
to cancel has been properly given, the period begins when the contract is
concluded or (if later) notice of the right to
cancel is given, and ends seven working days thereafter or (if earlier, where notice of the
right to cancel is given during performance) when performance is completed.
The period is extended by up to three
months where the notification of right to cancel has been given late.
There is no right to cancel:
Ø
In the case of services where notice of
the right to cancel has been properly given and performance has begun with the consumers
agreement after the notice and before the end of the cancellation period
Ø
For goods or services where the price
depends on market fluctuations outside the supplier’s control
Ø
For goods made to specification or
clearly personalized or which by their nature cannot be returned or will
deteriorate or expire rapidly
Ø
Audio / video recordings or software if
unsealed by the consumer
Ø
Newspapers periodicals and magazines
Ø
Gaming betting or lottery services
On cancellation
Ø
the
supplier must give a full refund as soon as possible and in any event within 30
days, less costs of recovery (where the contract so provides – and this cannot
be the case where substitutes are supplied).
Ø
Any related credit agreement is cancelled,
and any security given is to be released
Ø
Consumer must retain goods and take
reasonable care of them pending return to / collection by supplier
Time for Performance (reg 19)
Unless otherwise agreed the contract
must be performed within 30 days; otherwise the consumer must be informed
and the money paid refunded
I'd
really appreciate your feedback on this FAQ - so
mail me and tell me what you think
of it, if it's been useful to you, or let me know of any specific problem you
have where I may be able to help.
This
page was last updated on
No
liability is accepted for any inaccuracy in the information in these pages -
see full disclaimer
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© 2003 Roger Sinclair & Egos Ltd –
roger@egos.co.uk All rights reserved
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