Guide to the Consumer Protection (Distance Selling) Regulations 2000
These Regulations originate from an EC directive and are relevant to
anyone who sells goods or services to consumers under a distance selling
contract.
Distance selling contracts are defined as - ‘any contract
concerning goods and services concluded between a supplier and a consumer
under an organised distance sales or service-provision scheme run by the
supplier who, for the purpose of the contract, makes exclusive use of
one or more means of distance communication up to and including the moment
at which the contract is concluded.’
Methods of selling covered by the regulations include:
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Internet or digital TV
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Mail order and catalogue shopping
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Telesales
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Fax sales
Key features of the Regulations:
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The consumer must be given clear information about the goods or
services offered
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After making a purchase the consumer must be sent confirmation
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The consumer has a cooling-off period of 7 working days (to allow
the consumer to examine the goods, as they would when buying in a
shop)
-
Local Trading Standards departments and the OFT have new powers
under the Regulations.
Before the contract is concluded
The seller must provide clear and comprehensible information to enable
the consumer to decide whether to buy. This must include:
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The seller’s name and, if payment in advance is required,
the postal address
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A description of the goods or services
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The price including all taxes
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Delivery costs if applicable
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Arrangements for payment
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How long the offer or price remains valid
Telephone selling
If a business uses cold calling by telephone to sell to consumers, the
caller must clearly identify the business he represents and the fact that
the call has a commercial purpose. This should be done at the beginning
of the conversation.
Written confirmation
When an order has been made the seller must send the consumer confirmation
of the prior information in writing (can be fax, or email) unless it has
already been provided in writing (e.g. catalogue or advertisement). This
should include information on:
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when and how the consumer may exercise the right to cancel;
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a postal address for contacting the seller; and
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details of any after-sales services and guarantees
The seller must provide this information at the latest by the time that
the goods are delivered or, in the case of services, before or in good
time during the performance of the contract.
If the service provided has no specified end date, or is for a period
of more than a year, the seller must also send details about when and
how the consumer can terminate the contract. |