As well as advising you on how to comply, we can also advise you on the exceptions to the legislation and write the clauses you need to include in your terms and conditions to cover this method of sale.

Your business is then protected and we update you every time there is a change in the law.

Distance Selling Snapshot

The Distance Selling Regulations evolved to protect consumers who were purchasing goods and services remotely – by mail order, telephone and fax, online and television. The main elements of the regulations provide consumers with cancellation rights, allowing customers at least a full 7 days (more time if the seller has not provided the right information to the consumer) to view the goods at home before exercising their right to cancel.

Therefore, if you are selling using any of those channels the regulations will probably apply to you in your dealings with consumers.

However, Distance Selling won’t apply in certain circumstances, including, including for example:

Goods are made to the person’s own specification or custom made such as made-to-measure curtains or items that are personalised with the customer’s name. However, goods are not considered as being personalised when they are simply upgraded. So for example, if the consumer buys a computer but adds on extra memory, this will not be considered a personalised item within the meaning of the Regulations.

Where you are supplying a service and the correct information has been supplied but the consumer agrees that you start to supply the services before the end of the cancellation period.

• Perishable goods (such as food and flowers) or goods which are liable to deteriorate or expire rapidly, such as pre-inflated helium balloons.
• DVDs, CDs and software that the consumer unseals.
• Lottery, gaming and betting.
• Magazines, newspapers etc.
• Goods or services, the price of which is dependent on fluctuations in the financial market, which can’t be controlled by the seller.
• Goods which “by reason of their nature cannot be returned”.

Unfortunately, the regulations (13(1)(c) don’t specify what goods fall under the category “which by reason of their nature cannot be returned”. If you consider that this may apply to your products please e-mail us if you require some assistance.

Please also remember that the Regulations do not apply when you are dealing with business customers.

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This area of law is widely litigated and takes time to read. If you need an answer quickly then its time to speak with Lime One. Do you know the different rules regarding selling over the phone to a person and how that differs to selling to a business? We do. We provide that knowledge to you easily and without fuss so you stay within the law and run your business profitably and safely.

So if you want to know if a contract is made due to your online activities or need to understand more about the rules of on line contracts, electronic signatures and how the use of digital media is interpreted under English and Scottish law you need Lime One.

Lime One keeps you within the law by advising you on:

• The Sale of Goods Act 1979
• The amendments under the Sale and Supply of Goods Act 1994
• Your obligations under the Supply of Goods and Services Act 1982
• The Supply of Goods to Consumers Act 2002
• UCTA
• The law relating to implied terms
• Distance Selling regulations

Our job is to read, apply and advise you on the law so you don’t need to spend another weekend or evening studying law to apply it to your business.  We do that for you.

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Many of our clients operate in the software and IT arenas and need to enter into joint ventures to get a product or service to market.

Lime One advises on the best legal model for the venture, and draws up Joint Venture contracts, schedules and operating level agreements to reflect the contributions and standards required from all parties. If you have chosen a reseller or associate model for business growth we can provide all the documents you need to protect your business assets clearly so everyone knows the rules.

Intellectual property ownership and use and quality issues on delivery are common causes of dispute so it makes sense to isolate the problems, confirm the agreement and agree the outcomes and ownership before proceeding. We also provide advice on the commercial alternatives to court action and how they can be included in your documents.

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