Shopping from home: distance selling
When you order goods or services from home, in most instances you are doing this remotely by, say, the phone, internet or a fax - i.e. you and the seller aren't physically in the same room. In consumer law this is called "distance selling".
EU rules on distance selling are in addition to your existing consumer rights. If you order goods from home and they turn out to be faulty or of unsatisfactory quality, you may be entitled to a repair, replacement or refund.
If the seller gives you a false or misleading description of them (for instance, on a TV shopping channel, on a website or in a mail order catalogue) you may also be entitled to a refund.
Distance selling doesn’t just relate to orders placed on a website or by email, but most forms of shopping from home - from ordering an item over the phone to buying from a mail order catalogue.
The National Consumer Agency can investigate claims of false or misleading descriptions.
Distance selling rules
When you agree to buy goods through distance selling, you form what’s called a distance contract. Before a distance contract is made between you and a seller, they must give you the following information in a clear and comprehensible manner:
- The identity of the supplier and, in the case of contracts requiring payment in advance, his or her address.
- The main characteristics of the goods or services
- The price, including any taxes
- The delivery costs if any
- The arrangements for payment, delivery or performance
- The existence of a right of cancellation, where appropriate
- The cost of using the means of distance communication, where it is calculated other than at the basic rate, such as a premium rate phone call
- The period for which the offer or price remains valid
- The contract's minimum duration if it's for supplying goods or services on an ongoing basis
Also, you are entitled to the following information, which should be provided before or at the time of delivery of the goods or service:
- confirmation of your order in a written or other durable form (for example letter, email or fax) that includes the information listed above (the identity of the supplier and so on)
- Written information on how to cancel
- A geographical address of the place of business to which complaints can be addressed
- Details of any guarantees or after-sales services, if applicable
- Details of how and when to end a contract, if there is no specified finish date or it lasts for longer than a year
'Substitute' goods
Where goods are unavailable the supplier must inform you of this, then refund you within 30 days.
They can supply “substitute”, equivalent goods if the original order is unavailable, but only if you consented to this in your contract - so read the terms and conditions carefully.
If you are not happy with the substitute goods, you can return them, but you may have to pay the cost of postage if you consented to being sent substitute goods.
Learn about your rights when shopping from home
