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OFT issues guidance on Distance Selling Regulations

133/06    12 September 2006

The OFT has today issued joint guidance with the Department for Business, Enterprise and Regulatory Reform on the Distance Selling Regulations (DSRs) for businesses.

Download A guide for businesses on distance selling (pdf 127 kb).

It replaces previous guidance on the DSRs issued by the OFT and the Department for Business, Enterprise and Regulatory Reform.
 
The DSRs provide consumers with additional rights when buying most goods and services where there is no face-to-face contact with the seller, for instance when purchasing on the internet, by phone, fax or mail order or by other distance means under an organised scheme. The guidance sets out what these regulations are, when they need to be considered, how to comply with them, the consequences of non-compliance, as well as providing other sources of advice and information.

Although directed primarily at businesses, the guidance is also intended to assist consumer organisations and OFT enforcement partners, principally the local authority trading standards services to provide consistent advice to businesses and consumers on their rights and responsibilities under the regulations.

John Fingleton, Chief Executive of the OFT said:

'The protection that the DSRs offer is important for consumers purchasing goods or services at a distance. Customer focused businesses also need to understand their obligations when engaging in distance sales. This guidance is intended as a useful source of information for businesses.'

Consumer Minister Ian McCartney said:

'Consumers deserve protection whether they are buying from their local shop or online. But businesses need to have a clear idea of where the law stands. That's why this joint guidance will support businesses in their efforts to operate distance sales and give consumers the protection they deserve.'
 
NOTES

1. Last year the OFT and Department for Business, Enterprise and Regulatory Reform asked businesses to comment on the text of 'A guide for businesses on home shopping'.

Download the Summary of the responses to the consultation paper (pdf 145 kb).

2. All member states of the European Union (EU) must implement the Directive in their national legislation. The Directive harmonises the laws, regulations and administrative provisions of member states in respect of distance contracts at a minimum level. Individual member states are allowed to introduce more stringent provisions into their domestic legislation to provide a higher level of consumer protection than that referred to in the Directive.

3. Businesses that sell electronically (such as over the internet or via mobile phone texts) also need to know about the Electronic Commerce Regulations (ECRs) and Privacy and Electronic Communications Regulations (PECRs), where for example they are engaged in direct marketing activity by phone, fax and automated calling systems and electronic mail this means text/video/picture messaging and email Further information on the PECRs is available at the ICO website.

4. The Consumer Protection (Distance Selling) Regulations 2000 came into force on 31 October 2000 and have been amended with effect from 6 April 2005 by the Consumer Protection (Distance Selling) (Amendment) Regulations 2005.

5. The OFT, Local Authority Trading Standards Services and other designated enforcers have powers to take enforcement action through the courts, in particular under the Enterprise Act 2002, against businesses that breach the DSRs and other specified consumer legislation.

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