Home Shopping Rules

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Published: 24 August 2005

Home Shopping Rules

Businesses trading on-line or through mail order, phone or fax have been asked to comment on a draft of new guidance outlining the regulations governing distance selling to home shoppers.

The draft guidance, published by the OFT and Department for Trade and Industry (DTI), informs traders of their responsibilities under the Distance Selling Regulations (DSRs).

Distance selling, such as home shopping, is where the trader and the consumer do not deal face-to-face but use the internet, phone, mail order or other distance means in an organised scheme for sales of goods or services.

The DSRs are a key plank of consumer protection legislation.

For most goods & services they provide additional rights to consumers buying at a distance, to encourage confidence in this method of buying, in particular to make up for the disadvantage they would otherwise incur of not being able to inspect the goods or services in question.

These additional rights include:

information as to the identity of the trader
a clear description of the goods & services
a clear indication of the price, including taxes
delivery cost information & delivery arrangements
written confirmation of important information
an unconditional right to cancel
details of complaints & cancellation procedures

The guidance will replace separate versions previously published by the DTI and the OFT and it is updated to take account of amendments made to the DSRs in April 2005.

The draft guidance is more comprehensive than its predecessors and contains answers to many more of the questions businesses frequently ask. It is intended to be a handy reference tool for businesses of all sizes.

The government hopes that constructive feedback from business, particularly small businesses, will ensure the final guidance is crystal clear and answers business' questions about the regulations.

Sir John Vickers, OFT Chairman, said:
"Consumers are increasingly choosing to shop from home.

The Distance Selling Regulations aim to safeguard this way of buying in the interests of consumers and fair-dealing businesses alike.

We want to ensure that the safeguards are widely and easily understood. We are inviting comments on today's draft guidance so that we end up with a straightforward and user-friendly tool for business."

Breach of the DSRs may result in the OFT, local trading standards services or other enforcement agencies taking enforcement action through the courts.

Consumer advice on distance shopping
The DSRs provide additional rights to consumers when they shop at a distance (e.g. from home), but consumers still have their normal statutory rights if something goes wrong.

If you receive faulty goods:
if there is something wrong with what you buy, tell the supplier as soon as possible. Do this via e-mail or phone and let them know why you are complaining
keep a written note of a phone conversation
keep a copy of any e-mail exchange.

Please note that:
if you sign a delivery note when you receive the goods, this does not mean you have signed away your right to reject them
allowing the seller to try to put faulty goods right also does not affect your rights because, if the repair fails, you still have the right to reject the goods
if they are faulty, you should not be charged anything, including the cost of returning goods.

If you're buying a service, it should be carried out:
with reasonable care & skill
within a reasonable time - particularly if you have not agreed a completion date.

Views are being sought on the usability & format of the guidance

Responses should be sent, by 11 November 2005 (marked 'DSRs - A guide for businesses') preferably by email to:
sadru.pirbhai@oft.gsi.gov.uk

or
Sadru Pirbhai,
1N/016,
Office of Fair Trading,
Freepost KE6260,
London EC4B 4AH.

Further information

Draft Guidance for consultation

DTI Distance Selling website

OFT Home shopping website

Related articles
DSA Consumer Code of Practice