Distance Selling Act

[Abarbarian]

Here are some links to information on the above .I have given some quotes from the various sites to save folk having to plough through all the bumph .


What are the requirements of the Regulations?

The Regulations require a supplier to:

1. Give consumers certain information prior to conclusion of the contract.
2. Give consumers confirmation in writing or in another durable medium which is available and accessible to the consumer (email is acceptable, but providing the information on a website is not), of the prior information and also provide consumers with additional information (e.g. in respect of cancellation rights). The term "in writing" is used as a convenient shorthand and references in this article to confirming information "in writing" should be read as including "or in another durable medium which is available and accessible to the consumer".
3. Repay sums paid by consumers within a certain time period.
4. Perform the contract within a certain time period.

Prior information

A distance contract will not be enforceable against a consumer unless the supplier has provided to the consumer in good time prior to the conclusion of the contract the following information:

1. the identity of the supplier and (where the contract requires payment in advance) the supplier's address;
2. a description of the main characteristics of the goods or services;
3. the price of the goods or services, including all taxes;
4. delivery costs, where appropriate;
5. the arrangements for payment;
6. the arrangements for delivery or performance of the service, e.g. when the customer can expect delivery of the goods or performance of the services;
7. the existence of a right of the seven day cooling off period;
8. if the consumer is to use a premium rate telephone number, the cost of the call must be specified before charges are incurred for the telephone call;
9. how long the price or any special offer remains valid;
10. the minimum duration of the contract in the case of a contract to supply goods or services continuously (e.g. in a contract for a mobile phone or for cable TV services), or recurrently (e.g. in a contract with a monthly book club);
11. whether or not substitute goods or services may be provided in the event of those ordered by the customer being unavailable; and
12. notification that the supplier will meet the costs of the consumer of returning any substitute goods he or she does not want.

This prior information must be provided in a clear and comprehensible manner which is appropriate to the means of distance communication used (e.g. if the customer has contacted the supplier by email, it may be reasonable for the supplier to provide the prior information by email).

If a business cold calls consumers by telephone, there are special rules regarding any distance contract concluded during the course of the conversation. The contract will not be enforceable unless, at the beginning of the conversation, the supplier has made its identity and the commercial purpose of the telephone call explicitly clear.

In the case of a dispute, the supplier must prove that the information was provided in accordance with the Regulations. However, this requirement should not cause too many difficulties as it can be built into the telescript quite easily and, in any case, most suppliers operating over the phone would have to provide such information in order to comply with data protection legislation.




Recovery of money paid by consumer

On the cancellation of a contract, any sum paid by the consumer must be repaid as soon as possible and, in any case, within thirty days of cancellation. The full price paid for the goods including the cost of delivery must therefore be refunded.

Return of goods by consumer after cancellation


Note that failure by a consumer to return goods will not permit the supplier to delay in making a refund. Similarly, if a consumer returns damaged goods he or she does not necessarily lose the right to cancel. The supplier can only rely on the right of action against the consumer for breaching the statutory duty to take reasonable care of the goods.


Performance of the contract

Unless the parties agree otherwise, the supplier must perform the contract within thirty days from the day after the consumer sent his order to the supplier.

If the supplier is unable to perform the contract within this period, he must inform the consumer and repay any sum paid as soon as possible (and in any event within 30 days), although it is open to the supplier and the consumer to agree a revised date for delivery.

A contract which is not performed within the 30 day period shall be treated as if the consumer never entered into it, but the consumer will still have remedies for non-performance.


No contracting-out

Any term in a distance selling contract which is inconsistent with the protection of the consumer as set out above shall be automatically void.


Consequences of breach

If a supplier is in breach of the restrictions on the use of means of distance communication, he can be sued for compensation by a consumer who has suffered damage as a result of the breach.





http://www.out-law.com/page-430#Recovery


http://www.oft.gov.uk/advice_and_resources/resource_base/legal/distance-selling-regulations/





http://www.dti.gov.uk/consumers/buying-selling/distance-selling/index.html