You need to be aware of how the Distance Selling Regulations apply to your business.
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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