What is 'Distance Selling'?

Every day, many of us buy goods and services using the telephone and fax, by mail order and from catalogues, and increasingly from the internet or a digital TV. This gives us a chance to shop at a time that suits us, with the leisure to browse and without the hassle of finding a parking space.

The law recognises that this sort of 'shopping at a distance' comes with its own problems however. What happens if the goods don't turn up, or if you don't like them once you've had a chance to look at them? You now have rights under the Consumer Protection (Distance Selling) Regulations 2000 - or 'Distance Selling Regulations', for short.

Briefly, these Regulations say that you should be given clear information about the order and the company, along with a cooling-off period, and protection against credit card fraud and the menace of unsolicited goods.

What isn't covered by these regulations?

Most sorts of goods and services apply, except in the following circumstances:

• Financial services, like banking or insurance
• Auctions
• Goods bought from a vending machine
• Goods bought using a public payphone
• Contracts for the sale of land
• Food, drink or other goods for everyday consumption delivered by regular rounds (such as milk)
• Package travel
• Accommodation, transport, catering or leisure facilities for a specific time or date, when not sold as part of a package (such train tickets, hotel bookings or concert tickets)
• Timeshare
• Finally, the Regulations only apply when you buy from a trader who is organised to sell to you without face to face contact. So, if you saw something in a shop window, went home and ordered the goods from the shop by phone, this will not be considered to be buying at a 'Distance'.

The right to clear information

Before you decide to buy, the seller must give you the following information:

• The name of the trader, along with their postal address if you have to pay in advance
• An accurate description of the goods or services
• The price, along with any taxes and delivery charges if relevant, and how long the price or offer remains valid
• Delivery arrangements (usually within 30 days unless you agree otherwise)
• Payment arrangements
• The right to cancel the order
• Information about whether you will be liable for the cost of returning goods if you change your mind about them
• For services provided over a period of time, such as a mobile phone contract, or a gas supply contract, you must be told what the minimum duration of that contract will be

After you buy, the trader must also provide you with the following information:

• Written confirmation of your order (by letter, e-mail or fax etc) including the above information (see 'The Right to Clear Information) if not already provided, say in a catalogue or advert
• Written information on how to cancel, a contact postal address and details of any guarantees, warranties or after-sales services, if applicable
• Details of how and when to end a contract for the provision of a service, if there is no specified finish date or if the service lasts for longer than a year, i.e. gas or electricity supply, internet service providers etc.
• This information should be sent to you by the time the goods are delivered, or before or soon after the time a service starts

Your right to cancel, or the 'Cooling Off' period

The Distance Selling Regulations give you the right to change your mind and cancel an order within seven working days. If you do decide to cancel, then you should put this in writing, either by letter (a proof of postage certificate or even recorded delivery would be wise) or you can fax or e-mail. A telephone call is not sufficient unless both you and the trader agree otherwise. The time limits are:

For goods - seven working days after the day on which the goods are received

For services - seven working days after the day on which you agreed to go ahead with the agreement

If the trader has not provided you with the required information about your right to cancel, then the cooling-off period will be longer - take some advice on this, if necessary.

You must take care of the goods whilst they are in your possession, and either return them or make them available for collection by the seller. The seller may charge you the cost of collecting the goods or you may have to pay the return postage - unless the goods were faulty in the first place.

If you decide to return the goods within these time limits, you are entitled to expect your money to be refunded within 30 days. Also, if the seller had arranged a credit or hire purchase agreement for you, this should be cancelled automatically, and any deposits paid should be returned to you.

What isn't covered by this Cooling Off period?

• Services that are to be provided within 7 working days. If you have agreed that the service will start before the end of the cooling-off period you will not be entitled to cancel once the service has started, but the trader MUST tell you this in writing, otherwise you will be able to cancel (IMPORTANT: you might have other statutory cooling-off periods, depending on how the trader approached you, under the Consumer Credit Act or Doorstep Selling Regulations - get further advice if in doubt)
• Goods made to your personal requirements or specifications (i.e. specially made furniture)
• Goods which may deteriorate quickly, such as flowers or fresh food
• Sealed audio or video recordings or computer software that have been opened
• Betting, gaming or lottery services
• Newspapers, periodicals or magazines

Protection for Credit Cards

If somebody uses your card fraudulently or dishonestly (without your knowledge) for any kind of Distance purchase, you can cancel the payment and the card issuer must refund you. You should notify your card issuer as soon as possible after you discover this fraudulent use or if your card has been stolen.

Unsolicited Goods

Unsolicited goods are those that have been sent to you 'out-of-the-blue', that you haven't ordered. The Distance Selling Regulations now say that you can treat these goods as an 'unconditional gift', in other words, you can keep them or give them away, sell them or use them or destroy them, and the trader cannot expect you to have to pay for them.