Consumer Protection Regulations  

Consumer Protection (Distance Selling) Regulations 2000

[This short summary is produced by the ABA office purely as advice to members and has no legal status. The full text of the Regulations is available from HMSO (ISBN 0 11 099872 3) or through the website www.hmso.gov.uk/si/si2000/20002334.htm]

THIS LAW APPLIES TO BUSINESSES IN THE UK SELLING TO CUSTOMERS ANYWHERE IN THE WORLD

THE CUSTOMER HAS A MINIMUM OF SEVEN WORKING DAYS TO CANCEL A PURCHASE.

1. Customers' rights: Before selling goods by fax, e-mail, telephone, letter or catalogue (distance communication), you should draw the attention of customers to their rights as consumers. The best way to do this is probably in your terms of business. Suggestions for wording are included in paragraph 8.

2. Mandatory information: The Regulations require you to supply the following information in writing (by post, fax or e-mail) to customers at the latest at the time of delivery of goods:

      a. The name (and address if payment is required in advance) of your business.
      b. A description of the goods.
      c. The price including any taxes, and the date until which that price will remain valid.
      d. The cost of delivery.
      e. Your terms for payment.
      f. The customer's right to cancel a contract within seven working days beginning on the day after the day on which the customer receives the goods. [See below if you wish the customer to pay for the cost of returning the goods] [Suggestions for wording are in paragraph 8].

If you do not supply all this information, the customer has up to three months in which to cancel the contract. If you send the information at some time during those three months, the "cooling off period" is reduced to a further seven working days.

3. Refunds: If the customer cancels the contract, you must make a refund in full as soon as possible and in any case within 30 days (not working days) beginning from the date of cancellation.

4. Recovery of goods from customers: The Regulations only provide that on cancellation of the contract the customer is under a duty to restore goods to you if you collect them and in the meantime to take reasonable care of them.

If you wish the customer to be responsible for the cost of returning the goods, including insurance, after cancellation, you should specify this in the contract. Customers are then required to take reasonable care of goods when in their possession and to see that they are delivered back to you and not damaged in transit.

You have to pay for the cost of recovery of goods if they were incorrectly described by you.

5. Delivery: Goods should be delivered to customers within 30 days of the contract unless otherwise agreed.

6. On approval: Goods on approval are not covered in the Regulations, but you should consult paragraph 7 of the ABA Code of Good Practice, "Terms and Conditions". You are entitled to refuse to send goods on approval, although the Regulations effectively make everything "on approval" for seven working days.

7. Fraud etc.:The Regulations also include clauses about the fraudulent use of customers' credit cards, unsolicited goods, inertia selling etc. which it is hoped are not relevant.

8. Suggested form(s) of words to the customer, for your terms of business and for inclusion in paragraph 2f.

Terms of Business should have the sub paragraph below as a minimum:

      "Your attention is drawn to your rights as a consumer under the Consumer Protection (Distance Selling) Regulations 2000."

You could also include the following in your Terms of Business and in paragraph 2f:

      "It is your right to cancel a contract within seven working days, beginning on the day after the day on which you receive these goods."

      "If you cancel the contract, you will be refunded in full within 30 days of the date of cancellation."

      And either:

      "If you cancel the contract then we will arrange to collect the goods. It is your duty to make them available for collection and in the meantime to take reasonable care of them."

      Or:

      "If you cancel the contract you will be responsible for the cost of returning the goods, including insurance. You will be required to take reasonable care of the goods when in your possession and to see that they are delivered back to us within 30 days and not damaged in transit."

9. Note

Alibris has a 60-day return policy and credit card companies may have return and refund policies different from those above. As you would expect, the condition most advantageous to the customer applies.

Top