The following advice was adapted and abridged from the DTI website. Since then the website has been changed and the information may have changed accordingly. For full up-to-date information we always recommend you go to the website itself. This is a summary of the regulations and you should not rely on it for an authoritative statement of your legal position. We have not covered all the ins- and- outs of the regulations, just the main points. However, we hope the following summary may be of help to you. You should also be aware of the EU Ecommerce Regulations too if you are conducting business online.
There are many exceptions to the Distance Selling Regulations depending on the kinds of goods and services you are supplying and to whom. However, as we indicated on our section on writing website terms and conditions of sale, we always recommend, wherever practicable, that you aim to exceed the requirements of the regulations, even when you are not strictly covered by them, as this gives the consumer confidence in you. As a general rule, when selling goods at a distance:
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You must give the consumer clear and comprehensible information about the goods or services offered to enable them to decide whether to buy. This information can be given by any method appropriate to the form of communication you are using to conclude the contract, providing it is clear and comprehensible. If you provide the information in a form that does not allow it to be stored or reproduced by the consumer (e.g. you give it over the phone), you must confirm in writing or in another durable medium such as email. The information must include:
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Your name / identity and, if payment is required in advance, your postal address
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A description of main characteristics of your goods or services
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The price including all taxes
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Delivery costs where they apply
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Arrangements for payment
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Arrangements and date for delivery
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The right to cancel the order, including how to exercise this right, such as how to return any goods, the geographical address of your business, and the conditions for exercising any contractual right to cancel, if the contract lasts more than a year or is open-ended
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Details of any guarantees or after-sales services
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The cost of communication (e.g. phone) if different from the standard rate
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How long the offer or the price remains valid - the period for which the offer or price is valid; and the minimum duration of the contract if it is to run over a period of time
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After making a purchase you must send confirmation to your customer
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Your customer must be given a cooling-off period of 7 working days. The aim of the cooling-off period is to give customers an opportunity to examine the goods or services being offered, as they would have when buying in a shop. The right to cancel is fundamental; however this is balanced in the Distance Selling Regulations by the consumer's responsibility to take care of the goods before returning them.
If your business uses cold-calling by telephone to sell to consumers, you must clearly identify the business you represent and the commercial purpose of the call at the beginning of the conversation. Be aware you should be registered with the Telephone and Fax Preference Services and always check your numbers against their licensed list.