Off-premises and distance consumer contracts
Providing the right information to consumers when making a contract when you are selling away from your premises, such as doorstep selling or when you sell by any distance communication e.g. online or telephone.
You must provide consumers with certain information before entering a contract.
If you sell goods, services or digital content off-premises, for example, in a customer鈥檚 home, or you sell online, by mail or via an order by telephone or a similar distance communication (e.g. online sale), you must provide .
This additional information includes:
- The right to cancel: Where a right to cancel exists, the conditions, time limit and process for cancelling.
- Cancellation rights: If consumers have a right to cancel, provide them with a standardised cancellation form that complies with the format in the Consumer Contracts Regulations - download a model cancellation form template (DOC, 14K). In situations where there is no right to cancel, clearly outline any circumstances that may limit or remove their cancellation right.
- Return costs: Where applicable, inform customers that they will be responsible for the return costs of cancelled goods. Additionally, where the goods because of their nature cannot be returned by post e.g. a large item of furniture, you must inform customers how much it will cost to return the item.
- Service and digital content costs: If you provide services or digital content during the cancellation period, disclose any associated costs. See right to cancel consumer contracts.
For off-premises sales the information must be provided to the consumer in writing or on another durable medium before the contract is made. A durable medium is something personally addressed to the customer that they can keep and cannot be changed for example a letter, an email or on a personal account on a website.
For distance sales the information can be provided in a way that is suitable to the means of the distance communication. For example, for telephone sales you may give the information over the phone, but it must still be provided on a durable medium before goods are delivered or a service has commenced.
It is a criminal offence under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to not provide the consumer with their cancellation rights (where they exist) for off premises sales
If you fail to supply cancellation rights (where they exist) or any required information for any contracts, you may be committing a criminal offence under the .
If you fail to tell the consumer about delivery charges or costs of returning items before entering the contract, they are not liable to pay these charges.
When making an invitation to purchase for example advertising your product along with the description and price, you must ensure that all non-optional fees and charges are included in the advertisement. If you fail to include these charges you may be committing a criminal offence. See further information on what information must not be omitted from invitations to purchase.
If you are trading online, you must clearly indicate where there is an obligation for a consumer to pay. This can be through a clearly labelled 'pay now' button at the correct stage in the ordering process. You should also supply an email address to allow consumers to contact you easily.