Glossary

Whether a contract is concluded at an auction depends on how the selling process occurs. An auction has no statutory definition but is generally held to be a manner of selling property by bids, usually to the highest bidder, by public competition, and has a number of characteristics, including

• a unique item or collection of items for sale
• each bid being an offer to buy
• the auction ending in a pre-arranged manner, such as on the fall of a hammer or the expiry of a deadline, after which bids are no longer accepted
• the winning bidder being bound by contract to pay for the items.

Breach of a duty set out in legislation. Under the DSRs, consumers are under a statutory duty throughout the period of cancellation to retain possession of the goods and take reasonable care of them. If the duty is breached, the business may be entitled to compensation.

Any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organisation or person who is carrying out a commercial, industrial or craft activity or regulated profession. It does not include independent reviews that have not been paid for, or communications that only give direct access to the activity of the trader, such as a domain name or web address.

A contract where a customer buys goods, paying by instalments, but does not own the goods until all payments have been made and any other conditions met.

A contract is concluded when the consumer becomes bound to buy something and the business becomes bound to supply it. The conclusion of a contract is determined by the facts in each case. It is in your interest to make clear to your consumers exactly when a binding agreement will be reached. For example, you need to explain if the contract becomes binding when the customer places the order or only when you confirm that you have accepted their offer to buy.

Distance contract means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which the contract is made.

We consider this means a form in which information can be retained  and reproduced but cannot be edited, such as an email that can be printed or a letter, fax or brochure that can be kept for future reference. Information on a website is not durable as it can be changed at any time after the consumer has accessed it.

Any services normally provided on request for payment, at a distance, by means of electronic equipment for the processing and storage of data. It includes, for example, any marketing or selling of goods or services to consumers and businesses via the internet, email, text messaging and interactive TV.

When you are not bound by all of or certain aspects of a regulation.

A lawyer or person with legal training who is licensed by the State to perform notarial activities, in particular authenticating and witnessing legal documents.

This applies where your business has arrangements to sell at a distance. This is likely to be the case where you have standard procedures and standard letters, emails or faxes which are sent to potential distance customers who then order by returning them by post, email or fax.

The period before the customer is committed to purchase goods or services by agreeing a contract.

All days other than Saturdays, Sundays and public holidays.