Distance selling

Orders must be confirmed

The consumer has the right to receive confirmation of a distance sale. The confirmation has to be in some permanent form, for example a letter sent by post or a file that can be saved on a computer. The confirmation has to include information about the main terms and conditions of the sale.

The only time a company does not need to send a confirmation is when it is a service provided by telephone on a single occasion which is charged to the telephone bill. Examples of these kinds of service are ring tones, wallpaper as well as news and other entertainment services.

The confirmation has to contain the following information in a clear and easily understandable form:

  • the main features of the product
  • the total price of the product, delivery charges and terms and conditions of payment
  • the period of validity of the offer
  • instructions on how to exercise the right to cancel
  • contact information for the company for possible complaints, etc.
  • information about the guarantee and maintenance and repair services available
  • the minimum duration of the contract if the product is one that will be supplied repeatedly
  • contract cancellation conditions is the contract is indefinite or longer than for one year
  • charges for use of distance communication (post, telephone, online or TV charges) if these charges are added to the basic price

If the confirmation does not include all the required information, your right to cancel the deal is extended from the normal 14 days to three months. If the information missing from the confirmation is corrected, the normal cancellation period starts from the date the correction was made.

If you do not receive confirmation at all, the contract is not binding and you can cancel the deal. If you cancel the deal because of the lack of confirmation, the cancellation must be communicated to the seller within one year of the order.

Products sent without being ordered

The company has a burden of proof to show that the order was placed and that its contents are consistent with what was agreed, for example, in a telephone sales pitch. You can cancel the deal if the company is unable to show that the order was placed and that it corresponds to what was agreed.

Products sent that have not been ordered do not have to be paid for, returned or even kept. In practice it is worth contacting the company's customer service immediately if a company sends goods or an order confirmation for a product that has not been ordered. In that way you avoid being invoiced and other follow-up actions.

Sending free samples of products to advertise them is allowed. You can prevent this kind of marketing if you wish by contacting the company.

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01/07/2011