Changes to the Distance Selling Regulations

The Distance Selling Regulations (the "Regulations") give rights to consumers buying goods over the telephone, on the internet or by mail order. The Government is currently consulting on proposed changes to the "cooling off" period available under the Regulations.

What is the current position?

• Generally, the cooling-off period begins on the date the contract is made and ends:
  • for services, 7 days after that date
  • for goods, 7 days after the goods are delivered
• Where performance of the services begins before the end of 7 days from the date of the contract, the cooling-off period ends when the service starts eg the right to cancel a contract for car hire ends at the point when the car is driven away.
• The seller must inform the consumer of the cooling-off period in writing before the contract is agreed.
• Some goods and services, for example buying at auction, financial services and sporting events, are exempt from the cooling off period.

What are the proposed changes?

• Sellers should be responsible for telling consumers at the time of sale if the goods or services are exempt from the cooling-off period.
• Consumers should have the right to cancel a contract by phone as well as in writing or by email.
• Sellers should be permitted to inform the consumers of the cooling-off period in writing whilst the service is being used.

Action

• Read the Consultation Paper at http://www.dti.gov.uk/ccp/consultpdf/distselcon04.pdf
• The closing date for responses is 23 April 2004