Advice to business - Distance selling

Information for businesses who sell by mail order, by telephone, by fax, over the Internet, or by any other means whereby the buyer and seller are not in each other's presence when the contract.

You should be aware of the following:

The Consumer Protection (Distance Selling) Regulations 2000 require businesses to give consumers the following information before they decide to buy:

• The identity of the supplier. If payment in advance is required, the suppliers address
• The characteristics of the goods or services
• The price including all taxes
• The cost of delivery (if applicable)
• Arrangements for delivery, payment or performance
• The fact that the consumer has a right to cancel (see below)
• The cost of using the means of distance communication if the cost is other than at the basic rate
• How long the offer or price remains valid
• For contracts for goods or services performed regularly, the minimum duration of the contract
• In the event of goods or services ordered by the consumer being unavailable, whether the business proposes to supply substitute goods or services of equivalent quality and price; and
• If so, should the consumer cancel, that the cost of returning any substitute goods to the supplier, be met by the supplier.

Written Information

If an agreement to purchase is made, the information above must be clearly given in writing to the consumer . The information below is also required in writing:

• Conditions and procedures for exercising the right to cancel (see below)
• A postal address where customers can contact the supplier with complaints
• Information about guarantees and after-sales service
• When and how a customer can contractually cancel the contract should this be of an unspecified duration or exceeds a year

This written information must be given during the performance of the contract in the case of services, or at the latest by the time the goods are delivered. Unless agreed otherwise, the supplier should perform the contract within 30 days from the day after the day the consumer sent his order to the supplier.

Consumers' Right to Cancel

Consumers are given a right to cancel for contracts covered by the Regulations. Where the information requirements have been complied with, a consumer has:

• for goods - seven working days from the day after the day the goods are received
• for services - seven working days from the day after the day on which the contract was made

in which to inform the supplier in writing (includes fax and e-mail) of the cancellation. Cancellation is deemed given on the day it is sent.

If the information requirements are not adhered to, the cancellation period is extended. A number of exceptions to the right to cancel exist, including if the service has started before the end of the seven day period; please contact Trading Standards for full details.

Should a consumer cancel, the contract shall be treated as if it had not been made. Any associated credit agreement will also be cancelled. The supplier is required to reimburse any sum paid within 30 days.

Return of Goods

The supplier may include reasonable terms in the contract for the return of goods (given in writing).

The consumer is under a duty to retain possession and take reasonable care of any goods subject to cancellation. The supplier may claim for any loss of value should the consumer fail to take care of goods where he is under a duty to do so.

If the supplier is to collect goods, he should provide the consumer with a request in writing before or at the time when goods are collected, and in any case within 21 days from the date of cancellation. If no such request is made, the consumer's duty to take care of goods ceases after 21 days. If the consumer is required to return goods to the supplier (already explained in the written confirmation), the responsibility to take care of the goods is extended to 6 months. This responsibility will be open-ended if within 6 months the supplier provides a request in writing concerning the return of the goods.

Contact Details

Consumer Advice in Solihull is provided by Citizens Advice. The Citizens Advice consumer service provides free, confidential and impartial advice on consumer issues. Citizens Advice works in partnership with Local Authority Trading Standards Advice Services offering first level advice and information on a wide range of consumer issues. More complex problems, or complaints requiring further investigation or assistance are referred to Trading Standards or other advice services.

To speak to Citizens Advice, please call 08454 04 05 06. Opening hours are 9.00am to 5.00pm Monday - Friday (Textphone users should dial 18001 followed by Citizens Advice consumer helpline number 08454 04 05 06)

For Business Advice please contact 0845 330 3313