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Distance Sales Contract
Distance sales contracts are not entered into person and you do not have the opportunity to inspect the goods before purchasing. An example of this would be agreeing to a contract made over the internet or the phone.
When you enter into a distance sales contract, the supplier must disclose certain information to you such as:
-A detailed description of the goods or services to be supplied under the contract
-The supplier’s delivery arrangement
-If applicable, the supplier’s cancellation, return, exchange and refund policies
When you buy goods or services by distance sale, for example by internet, phone, mail order or TV, the law says you can cancel your contract within a cooling-off period. For most goods and services, the cooling-off period lasts for seven working days from when you bought it. If you buy financial services, the cooling-off period lasts for 14 working days from when you bought it (30 for days for personal pensions and life assurance). The cooling-off period starts when your contract is finalized.
Cancellation charges
Traders are not allowed to charge you for cancelling the contract within the cooling-off period.
Getting your money back
If you have already paid for the goods or services, whether in full or with a deposit, the law says the trader must refund all your money within 30 days of you cancelling the agreement.
How to cancel
Write or email the trader and say you want to cancel your order within the cooling-off period. Include the date when you bought it and an order, reference or account number in your letter. If you bought financial services, you may have been given a form to use for cancelling your agreement.
The cancellation will be effective from the day you send the letter, providing it was sent to the right place.
If the consumer has received the goods before cancelling the contract, the consumer will be under a duty to restore those goods to the supplier and, in the meantime, to keep them and take reasonable care of them. This duty to take reasonable care ends if the consumer (at his own expense) sends the goods to the supplier. The consumer is under no obligation to deliver the goods to the supplier except at the consumer's own premises and in pursuance of a written request by the supplier.
Note that failure by a consumer to return goods will not permit the supplier to delay in making a refund. Similarly, if a consumer returns damaged goods he or she does not necessarily lose the right to cancel. The supplier can only rely on the right of action against the consumer for breaching the statutory duty to take reasonable care of the goods.
If, within 21 days following cancellation of the distance contract, the supplier requests the consumer to return the goods and the consumer unreasonably refuses or unreasonably fails to comply with the request, the consumer's obligation to retain possession and take reasonable care of the goods continues until he delivers the goods to the supplier.
If the supplier fails to request the return of the goods within 21 days following cancellation of the distance contract, the consumer's obligation to take reasonable care of the goods ceases at the end of the 21 day period.
Where the supplier is holding any sum as security, the consumer is not under an obligation to return the goods after cancellation until the supplier discharges any duty on him to release the security under the Regulations.