If you sell goods or services to consumers over the telephone, via the internet, fax, e-mail or television then you are selling via a distance means or communication. Any sale made in this manner is governed by the Consumer Protection (Distance Selling) Regulations 2000.
These Regulations only cover sales to consumers. A consumer for the purposes of the Regulations means any natural person who, in contracts to which these Regulations apply, is acting for purposes which are outside his business.
A one off order made by phone and followed through will not be covered.
Certain contracts that are excluded from these Regulations and they are called Excepted contracts, which are detailed in the Regulations. There is also a list of other types of contracts which are not covered or partly exempted from the Regulations. You should check with a specialist adviser on the Regulations whether or not your business is covered.
You have to comply with the Regulations to provide pre-contract information. Exactly what is required is listed in the Regulations.
The consumer will have the right to cancel the contract. In the case of goods, this starts from the day that the contract is concluded. Basically the customer has until the end of a period of seven working days after the goods are delivered to cancel. In the case of services the cancellation rights start on the day that the contract is concluded and the customer has seven working days to cancel.
Failure to comply with the Regulations means that the contract is invalid. You may also be liable to prosecution by Trading Standards.
If you use distance communication to sell your goods or services you must get your terms and conditions reviewed now.
For more information contact Sara Checkley on 01507 522456 or e-mail firstname.lastname@example.org