18 June 2022 9:48

Do distance selling protection regulations work across borders?

How does distance selling work?

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations apply to sales of goods or services to consumers without face-to-face contact. This includes selling by mail order, online, using digital television or by telephone, fax or text message.

What is EU distance sales?

Distance selling within the EU means the sale of goods transported or dispatched by the seller of the product from one EU Member State and delivered to a private customer located in another EU Member State.

What is distance selling threshold?

To help reduce the administrative burden on companies, and to encourage them to start trading across Europe, there are national VAT registration thresholds set by each country. If a foreign company is selling below these thresholds, it does not need to VAT register.

What are distance contracts?

distance contracts.

A contract made between a trader and a consumer where they are not together, which is negotiated and agreed by one or more organised means of distance communication – for example, by phone, post or over the internet.

Who do Distance Selling Regulations apply to?

The Distance Selling Regulations (DSRs) are the rules that apply if you are buying products or services from suppliers without face-to-face contact, and where the consumer has not had an opportunity to examine the goods before buying or discuss the service in person.

Do Distance Selling Regulations apply to second hand goods?

Buying second hand goods online.

These regulations cover what was previously known as ‘Distance Selling’ and provides some extra rights, even when purchasing a used product. These rights include: a right to clear information on how the goods can be paid for, the delivery charges and who pays for returns.

Do Distance Selling Regulations apply to private sellers?

DSRs don’t apply to auction-style format listings on eBay, only Buy it now listings and Second Chance Offers. DSRs also do not apply to private sellers.

Do Distance Selling Regulations apply to click and collect?

The answer is generally no – a ‘click-and-collect’ style purchase is not usually a distance sale. This is because, whilst you might have placed the order online and paid a deposit, you will still sign the contract and any finance agreements, or pay the balance on site, the same as with a ‘bricks and mortar’ purchase.

What are the rules for selling online?

6 Online Selling Rules and Regulations

  • When selling online, you need a Terms of Service. …
  • Protect all your data. …
  • Protect your products online. …
  • Meet your best friends: Trademark, patent, and copyright. …
  • Keep good records of online transactions from the outset. …
  • Have a compliant Privacy Policy.

What does direct and distance selling look like?

Direct selling IS NOT selling by Internet, by telephone or mail order without the simultaneous physical presence of the direct seller and the consumer. These sales methods are forms of distance selling. Distance contracts are concluded through the exclusive use of one or more means of distance communications.

What is the definition of a distance sale?

Distance selling refers to the sale of goods or services without the buyer or seller being physically present simultaneously.

Does distance selling apply to businesses?

The Distance Selling Regulations no longer actually apply in UK law. They were replaced by the Consumer Contracts Regulations – which came into force in the UK in June 2014 – and apply when making purchases.

Is there a cooling off period when buying online?

14 days is the absolute minimum cooling-off period that a seller must give you.

Do Distance Selling Regulations apply to click and collect?

The answer is generally no – a ‘click-and-collect’ style purchase is not usually a distance sale. This is because, whilst you might have placed the order online and paid a deposit, you will still sign the contract and any finance agreements, or pay the balance on site, the same as with a ‘bricks and mortar’ purchase.

How long do I have to cancel a distance sale?

Your right to cancel an order for goods. The Distance Selling Regulations state that your right to cancel an order starts from the moment you place your order, and doesn’t end until seven working days from the day after you receive your goods.

Do Distance Selling Regulations apply to private sellers?

DSRs don’t apply to auction-style format listings on eBay, only Buy it now listings and Second Chance Offers. DSRs also do not apply to private sellers.

What are your rights if you buy goods online from a business outside the EU?

If you buy a product from a seller based outside the EU, you have to pay VAT, as well as customs duty for products over €150. You may also have to pay VAT and excise duty for certain types of products such as alcohol and tobacco. Revenue has more information about buying goods online and VAT.

Does the Consumer Protection Act apply to private sales?

A private sale of property is not a transaction that falls within the ambit of the CPA as this would not be in the ordinary course of business. Importantly, not all purchasers benefit from the protection of the CPA.

Does distance selling apply to eBay?

The Distance Selling Regulations apply to items purchased via Buy It Now listings and Second Chance Offers on eBay.ie. However, they don’t apply to auction format listings on eBay.ie.

Do I need a business license to sell on eBay UK?

There are no specific licences that you need to trade on eBay. In fact, eBay rules prohibit the sale of some of the items that would normally need a licence to sell in the UK, for example alcohol. You will, of course, need to be registered with eBay as a business seller before you can start trading.

What are the rules for selling online?

6 Online Selling Rules and Regulations

  • When selling online, you need a Terms of Service. …
  • Protect all your data. …
  • Protect your products online. …
  • Meet your best friends: Trademark, patent, and copyright. …
  • Keep good records of online transactions from the outset. …
  • Have a compliant Privacy Policy.

Is a restocking fee legal in the UK?

You are not allowed to make a ‘restocking charge’ or anything similar.

What are the 8 basic rights of the consumers?

The eight consumer rights are: The right to satisfaction of basic needs – to have access to basic, essential goods and services such as adequate food, clothing, shelter, health care, education, public utilities, water and sanitation.

What types of transactions are covered by consumer Protection Distance Selling Regulations 2000 Updated 2005 )?

The Regulations cover sales made at a distance between businesses and consumers, such as the following: Mail order, catalogue shopping. Internet sales. Digital TV sales.

Can I fight a restocking fee?

If you believe the store failed to adequately disclose restocking fees, you can contest the charge by negotiating with the business. If that does not resolve things to your satisfaction, you can always consult with an attorney.

Is it illegal to not give a refund?

A business cannot have a ‘No Refund’ policy. It’s against the law to say you will not provide a refund under any circumstances. This includes sales, gift items and even secondhand goods.

Why are restocking fees so high?

The reason is simple: to keep costs (and thus prices) down when dealing with the return of items that are not defective. There are a lot of costs associated with processing an order. If you buy something and then return it, the company has to deal with more costs to handle the return.