london edition aUTUmn 2016 dISTANCE SELLING: REGuLATIoNS saLes From aFar W hat you need to know about new rules and your customers rights Most traders are now aware of their obligations under the Consumer Rights Act 2015 when selling goods, recognising that customers have specific rights if goods are faulty or misdescribed. However, few are fully aware of the specific rules covering the sale of goods, services and digital content by distance whether over the phone, by mail order or via the internet. These give consumers more rights than when buying the same item in a shop. Fewer traders are fully aware of the specific rules covering the sale of goods, services and digital content by distance the Consumer Contracts (information, Cancellation and Additional Charges) Regulations 2013, which came into force in June 2014, specify rules for traders selling to consumers at a distance, as well as rights for consumers buying in this way. The rules cover most but not all distance contracts, although there are specific exemptions and traders are advised to seek further advice if they have any doubt about the products they sell. The law requires that, before traders enter into a distance contract with a consumer, they provide the consumer with certain information, including: the traders name and address; the price and description of the goods; and, most significantly, the existence of the right to cancel the contract for any reason, and to receive a full refund of the money they have paid, with certain specific exemptions. Further legislation the electronic Commerce (eC Directive) Regulations 2002 also requires that an email address must be provided for consumers to contact the trader. The law gives the consumer 14 days from the day after the goods are received in which to cancel the contract; this allows time to examine the goods to ensure they are suitable, in the same way as they could in a shop. The consumer then has a further 14 days in which to return the goods to the trader. rEFUndS Once the trader has received the returned goods, he or she is required to refund the cost of the goods and the cost of standard delivery of the goods to the consumer within 14 days; if the consumer has paid for a priority delivery, the trader only has to pay the standard charge. the trader will also be liable for the customers return postage costs, unless he or she has expressly stated that the consumer has to bear this charge. No charge may be made for restocking, but the trader may deduct an amount from the refund if the consumer has used or damaged the goods, or has handled them more than they could have done in a shop to ensure they were suitable. If the delivery of goods consists of multiple components as part of the same order, the cancellation period ends 14 days after the date of delivery of the final item. If the trader does not give the correct information about cancellation rights, this period is extended to one year and 14 days. A cancellation form should be provided for consumers to use, although they do not have to use it. Goods should be delivered within 30 days unless otherwise agreed with the consumer and remain at the risk of the trader until in the possession either of the consumer or of someone they have nominated. So, if the goods go missing after being left on the consumers doorstep or with a neighbour, it is the traders responsibility to replace them. You can access further advice on the law relating to distance selling by reading The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and The Electronic Commerce (EC directive) Regulations 2002, as well as more detailed Trading Standards guidance on the Regulations. Credit: Sylvia Rook Images: ditty_about_summer / Shutterstock This is just a summary of some of the requirements relating to distance selling, and should not be taken as a comprehensive explanation of the law. As this is quite a complex area, you are advised to contact your local Trading Standards if you require further advice. For further information please contact your local Trading Standards Service