Distance Selling Regulations 2013

Commercial Law – Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 – Consumer Rights Directive (2011/83/EU) – Distance Selling Regulations

On 13 June 2014, the Consumer Contracts (Information, Cancellation and Additional Payments) Regulations 2013 (“The Regulations”) came into force and superseded the following:

• the Consumer Protection (Distance Selling) Regulations 2000; and
• the Cancellation of Contracts made in a Consumer’s Home or Place of Work etc. Regulations 2008

The Regulations will affect many retailers and we have provided a summary of some of the key changes that apply to distance contracts below:

• The statutory minimum “cooling off” period has been increased from 7 working days to 14 calendar days.
• Certain information must be provided to the consumer before the consumer is bound, including: the main characteristics of the goods; the identity of the retailer; the total price of the goods or services (inclusive of VAT); all additional delivery charges.
• In relation to distance contracts concluded by electronic means, the retailer must make the consumer aware that an obligation to pay is implied by placing the order.
• If the consumer cancels or withdraws from a contract, the retailer must refund all payments (except non-standard delivery costs) within 14 calendar days.
• The retailer must give the consumer confirmation of the contract on a durable medium.
• Default options that incur addition charges are no longer permitted, e.g. pre-ticked/pre-selected boxes indicating a delivery option which would incur a charge.

Online retailers or traders that sell goods to consumers via the internet or some other electronic means must ensure that their website terms and conditions or terms and conditions of sale are adequate to ensure they comply with the new law.

For any queries in relation to the distance selling regulations or for advice on how to draft or revise your website terms and conditions or terms and conditions of sale to comply with the new consumer law, you may contact us by email [email protected]. Visit http://www.rtcoopers.com/practice_corporatecommercial.php or http://www.rtcoopers.com/practice_ebusiness.php   

© RT COOPERS, 2014. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.