Guide to Consumer Contracts Regulations 2013: Off-Business & Distance Sales, Study notes of Business

Download Guide to Consumer Contracts Regulations 2013: Off-Business & Distance Sales and more Study notes Business in PDF only on Docsity! 1 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 The above new Regulations are detailed and contain a number of provisions, important definitions and prescriptive requirements on both distance selling and doorstep selling. This leaflet can only give general guidance on the new Regulations and if you require any specific advice contact Comhairle nan Eilean Siar Trading Standards directly. The Regulations The Consumer Protection (Distance Selling) Regulations 2000 (the Distance Selling Regulations) and the Cancellation of Contracts made in a Consumer Home or Place of Work etc. Regulations 2008 (the Doorstep Selling Regulations) were replaced on 13th June 2014 with the new Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013. The purpose of the Regulations is to ensure consumers are provided with important contract details about their rights both before and after they contract for goods, services and digital content. The Purpose of the New Regulations The Regulations cover consumer contracts made: on- business premises; off- business premises and by an organised distance sale/service provision scheme. This leaflet only covers consumer contracts made off-business premises and by an organised distance sale. Although there are many similarities with the two previous regulations there are also significant differences. Consumers will not be required to pay for the goods, services or digital content, if you do not comply with the relevant provisions of the Regulations. An Outline of the Regulations Definitions An organised distance sale/ service provision scheme is a contract made without any “face to face” contact between the consumer and the business e.g. internet, telephone or postal. An off- business premises agreement is where the contract is made at: a consumer’s home or workplace; an excursion organised by the business or another place that is not the traders’ place(s) of business. The Regulations cover contracts for: contracts for: the supply of goods, inc. goods and services supplied together; contracts for services only and contracts for digital content by an intangible medium e.g. software downloads. 2 The following are excluded entirely from Regulations: gambling; financial services; newly constructed buildings and sale of immovable property; residential lettings; consumables supplied by a regular roundsman; package holidays; time share; vending machine purchases and a single telecoms connections e.g. public telephone. Pre-contract information to the consumers Prior to entering in to a contract consumers must receive the following information, applicable to contact type, in a clear, comprehensive and legible manner available in writing or a durable form e.g. e-mail. There are up to twenty-four pieces of information.  the main characteristics of the goods/services/digital content  your trading identity i.e. trading name  geographical address and contact details  if acting for another trader, their trading name and geographical address  an address for consumer complaints, if different from the usual geographical address  the total price  delivery charges or how they are calculated and any additional charges  the billing address for open ended contracts or subscriptions  communication costs, if other than basic rate.  arrangements for payment, delivery, performance, etc.  any complaints handling policy  details of any cancel rights, if they exist.  who pays for any goods returned?  limitation on cancelling a service that has commenced  inform the consumer if there is no right to cancel  a statement that goods must conform to the contract  any after sales service, inc. guarantee  information about any code of conduct, if applicable  how to end a contract of indeterminate duration  minimum duration of consumers’ obligations  deposits information  digital functionality, if applicable  digital compatibility information, if applicable  any alternative dispute resolution (ADR) schemes. Schedule 2 of the Regulations gives complete information. Post-contract information to the consumer When a contract is agreed the consumer must be given a signed copy or confirmation of the contract containing all of the above relevant information in a durable medium, e.g. e-mail or paper; no later than the delivery of the goods or the before a service begins. Exemptions from information requirements