distance selling

distance selling

selling goods at a distance, as opposed to over the counter, and now the subject of definition and regulation. The rules apply to contracts for goods or services to be supplied to a consumer where the contract is made exclusively by means of distance communication, that is any means used without the simultaneous physical presence of the consumer and the supplier including, for example, electronic mail. They do not apply to certain specified contracts such as contracts relating to the supply of financial services. They have only limited application to contracts for the supply of groceries by regular delivery and contracts for the provision of accommodation, transport, catering or leisure services.

The regulations require the supplier to provide the consumer with certain information prior to the conclusion of the contract. This information includes information on the right to cancel the distance contract, the main characteristics of the goods or services, and delivery costs. The supplier must inform the consumer prior to conclusion of a contract for services that he will not be able to cancel once performance of the service has begun with his agreement.

Where the Regulations apply, they provide a COOLING-OFF PERIOD to enable the consumer to cancel the contract by giving notice of cancellation to the supplier. The effect of giving notice of cancellation under the Regulations is that the contract is treated as if it had not been made. The Regulations provide that where the consumer's payment card is used fraudulently in connection with a distance contract the consumer will be entitled to cancel the payment. If the payment has already been made the consumer will be entitled to a re-credit or to have all sums returned by the card issuer.

References in periodicals archive ?
this operation concerns in particular: central systems (ticketing, distance selling, etc.
What about my rights under the Distance Selling Regulations?
Also, the Distance Selling Directive will no longer apply.
I phoned the retailer on April 20 and said I wanted to return the items as I am entitled to under the distance selling regs.
UNDER the European Union Distance Selling Act you have seven days in which to raise an issue, known as Distance Selling Regulations.
According to JCC, there was an increase in payments in Government, schools and colleges, restaurants, bars, catering services and insurance, while a decrease was recorded in card payments in stores, public utility services distance selling and fuel.
M6 intends to further develop a distance selling business centred on home shopping and focused e-commerce websites, the company said on 18 December last year when it announced the beginning of negotiations with Darty.
It is arguable there is a case for a new optional consumer code to cover distance selling across three countries.
The simple fact of the matter is that the Distance Selling Regulations give you the right to return goods within seven days of delivery, no questions asked.
Remember that you are covered by the Distance Selling Regulations for any goods you buy online and one of the central planks of this legislation is that you can return unwanted goods up to seven days after the day on which you receive them.
Finally, contrary to the last Irish compromise, EU member states decided not to ban distance selling.
In addition to the simple and centralized management of all specification data, nutritional values, allergens labelling and declarations, the system manages all data that meets the requirements of the new Food Information Regulation EU 1169/2011 and the European labelling requirements for distance selling (Internet).