Distance Selling Regulations Compliance
Prior Information:
Certain information about the supplier and products should be made available to the consumer before a sale takes place. Such information should be provided in a clear & easily comprehensible manner.
Information for the consumer to be made aware of would include:
- Identity and address of supplier
- Description of the main characteristics of the product
- Price, inclusive of all taxes
- Detail of any delivery costs
- Payment methods and arrangements
- Details of delivery performance; including estimated delivery times
- Notification of the consumer’s right to cancel
- Detail the duration of current prices / offers / discounts
- Detail arrangements to be made in the event of a product being out of stock
- Notification that the supplier will meet all costs of returns, if the consumer decides they don’t want the product.
Written Confirmation
The supplier must provide the consumer with the following information to enforce the distance contract.
- Conditions and procedures for the consumer to cancel the contract
- If the consumer must return the goods to the supplier in the event that the consumer cancels the contract
- Whether the consumer or supplier is responsible for the cost of any returned goods to the supplier
- Geographical address of the supplier where any complaints may be addressed
- Information on any product guarantees or aftersales services.
This confirmation must be provided in writing prior to the conclusion of the contract. For example; before delivery of the product. It is acceptable to detail these points in the supplier’s terms and conditions if a copy is emailed to the consumer before the delivery of any products.
The Right To Cancel
The consumer can cancel a distance contract at any time during the contract period by notifying the supplier in writing. The cancellation period begins on conclusion of the contract; for example the delivery of goods.
If the written confirmation is provided before the delivery of goods, the cancellation period begins the day after the goods are delivered and will last for 7 days.
Refunds
On cancellation of a contract any sums paid by the consumer must be repaid as soon as possible, not more than 30 days after the cancellation of the contract. The full cost of the goods must be refunded including any delivery charges to the consumer.
A faliure by the consumer to return goods will not permit the supplier to delay in making a refund, however the supplier may charge the consumer for any costs incurred in recovering the goods.
Performance of the contract
Unless otherwise agreed in the contract the supplier must perform the contract within 30 days after the consumer has submitted their order to the supplier. If the supplier is in any way unable to perform the contract within the period he must inform the consumer and repay any sums paid within 30 days. It is open to the supplier to try to arrange and agree a revised delivery date with the consumer.
