Checklist

Tick list to help you identify which regulations apply to you.

Introduction

Online Selling Top Tips

  • Five tips to help make your website more compliant with the Distance Selling Regulations

Remote Communities Top Tips

  • Helping you ensure your services are clear and accessible to the half a million consumers in the UK living in remote communities

DSRs Checklist

  • Pre-contract information you must provide to your customers before they decide to buy
  • Written and additional information you must provide to your customers after they decide to buy

ECRs Checklist

  • Pre-contract information you must provide to your customers before they decide to buy
  • Pre-contract information you must provide to your customers before they decide to buy - when your contracts are concluded by electronic means

PSRs Checklist

  • Pre-contract information you must provide to your customers
  • Information you must provide to your customers if they ask

Distance Selling Regulations (DSRs) checklist

Distance selling at a glance will help you determine whether the Distance Selling Regulations (DSRs) apply to your business. They will apply if you sell goods or services to consumers without face-to-face contact. If they do apply, then this checklist will help you determine what you need to do to comply.

Pre-contract information you must provide to your customers before they decide to buy

Use this list if you sell goods or services to consumers without face-to-face contact.

Under the DSRs, you are required to provide the following pre-contract information to your customers before they decide to buy, in clear and understandable language.

Your identity, including enough detail for the customer to be able to identify the business they are dealing with.

A description of the main characteristics of the goods or services you are offering.

The price of the goods or services you are offering, including all taxes.

Details of any delivery costs.

Details of how payments can be made.

Your full geographic address, if payment is required in advance

  • which means your home address if you are trading from home.

The arrangements for delivery of the goods or the performance of the service

  • for example, when customers can expect delivery of the goods or expect the service to start
  • the contract should be performed within 30 days unless the parties agree to a different period.

Information about your customers’ right to cancel, where applicable.

If customers have to use a premium-rate phone number, you must include the cost of the call (including taxes) before any charges are incurred for the phone call

this may be the cost of the call per minute (including VAT) or an indication of the likely cost of the whole call (including VAT)

you should also tell your customers that the cost of the call may differ from that quoted, depending on their network provider.

How long the price or the offer remains valid.

The minimum length of the contract, where goods or services are to be provided permanently or recurrently, for example on an ongoing or open-ended basis.

That you intend to supply substitute goods or services should those ordered be unavailable, if this is the case, and that you will pay the cost of your customers returning any substitute products.

This pre-contractual information can be given by any method appropriate to the form of distance communication you are using to agree the contract, providing it is in clear and understandable language.

This information can be:

  • provided on a website if you sell goods and services over the internet
  • sent via email
  • included in a catalogue for goods and services sold by mail order
  • sent via fax
  • given over the phone if you are selling goods and services by phone.

Written and additional information you must provide to your customers after they decide to buy

Before the conclusion of the contract or in ‘good time’ afterwards, you must re-confirm some of the pre-contract information in writing or another durable medium unless you have already done so. Information is said to be received in good time if customers have sufficient time to act on it when they receive it, for example, to enable them to exercise their right to cancel, and it must be supplied during performance of a services contract or, at the latest, at the time of delivery of goods.

The information that you must re-confirm in a durable medium is indicated with an asterisk in the list on the previous page.

And you must also provide the following additional information in a durable medium.

When and how customers can exercise their rights under the DSRs to cancel, including

for goods – whether you require goods to be returned by the customer and, if so, who will pay for their return

for services – the consequence of agreeing to a service starting before the end of the usual seven working day cancellation period.

Details of any guarantees or after-sales services.

The geographic address of the business to which the customer may direct any complaints. There is no definition of ‘geographic address’ in the DSRs but our view is that this means a physical location, so a PO box address is not sufficient.

If a contract lasts more than a year or is open-ended, the contractual conditions for terminating it. This safeguards you as well as the customer, as both parties have the same information.

E-Commerce Regulations (ECRs) checklist

Distance selling at a glance will help you determine whether the E-Commerce Regulations (ECRs) apply to your business. They will apply if you supply information society services: 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 via the internet, email, text messaging and interactive TV. If they do apply, then this checklist will help you determine what you need to do to comply.

Pre-contract information you must provide to your customers before they decide to buy

This information must be easily, directly and permanently accessible.

The full name of your business.

The geographic address of your business, which means your home address if you are trading from home, as that is where your business is established.

Your contact details, including an email address, to enable rapid, direct and effective communication with you.

Details of any trade register (or similar organisation) with which you are registered, including the name of the register

your registration number or other reference.

If your service is subject to an authorisation scheme, details of the relevant supervisory authority.

If you are a member of a regulated profession, details of

  • any professional body with which you are registered
  • any professional titles you hold
  • the European Union member states in which the titles have been granted
  • how to access the professional rules and a short description of them.

If you are subject to VAT, your VAT registration number.

Where you refer to prices, a clear and unambiguous indication of those prices and whether the prices include taxes and delivery costs (but the Distance Selling Regulations (DSRs) also require you to quote prices inclusive of all taxes if the sale is covered by the DSRs).

The ECRs don’t expressly state when this information should be supplied, but we consider that it must be available at the time of concluding a contract. Some of the information overlaps with the information that you must supply under the DSRs. However, the key difference is that under the DSRs, the pre-contract information can be supplied orally (if you are selling by phone), while under the ECRs, this information must be permanently accessible, for example, on your website.

Pre-contract information you must provide to your customers before they decide to buy – when your contracts are concluded by electronic means*

This information must be provided in a clear way, on your website or any other means you use to conclude the contract, in comprehensible language.

The different technical steps to follow to conclude the contract.

Whether or not the contract will be kept by you and whether the concluded contract will be accessible by you.

How customers can identify and correct input errors prior to placing the order.

The languages offered for conclusion of the contract.

Any relevant codes of conduct to which you subscribe and information about how they may be consulted electronically.

Information you must provide to customers when you promote your goods, services or business electronically

Electronic commercial communication (anything which promotes your goods, services or business) which is, or forms part, of an information society service** must clearly identify the below. This requirement applies to promotion of any goods, services or business regardless of whether the business is an information society service provider.

Itself as a commercial communication.

You as the person making the communication.

Any promotional offer (including any discount, premium or gift) as such.

Ensure that any conditions that must be met to qualify for an offer, and ensure they are easily accessible and presented clearly and unambiguously.

Any promotional competition or game as such.

Ensure that any conditions for participation in a promotional competition or game and ensure they are easily accessible and presented clearly and unambiguously.

Provision of Services Regulations (PSRs) checklist

Distance selling at a glance will help you determine whether the Provision of Services Regulations (PSRs) apply to your business. They will apply if you supply services that are industrial or commercial in nature, a craft or the activity of a profession. If they do apply, then this checklist will help you determine what you need to do to comply.

Pre-contract information you must provide to your customers

Under the PSRs, you must make the following information available to customers in a clear and unambiguous way and in good time before the contract is concluded, or before the service is provided if there is no written contract. The name of your business.

The main features of the service, unless apparent.

Your legal status and form (for example, whether you are a sole trader or limited company).

The geographic address at which you are established and details of how you may be contacted rapidly and directly (including, where appropriate, an email address or a number for text messages).

Contact details where customers can request information or make a complaint – this must include a telephone number and one or more of a postal address, fax number or email address and (if different to your postal address) your official address, if applicable.

Your trade or public register name and registration number.

The particulars of any authorisation scheme in the UK or other EEA state that you are covered by, or www.businesslink.gov.uk for the UK and the single point of contact for another EEA state.

VAT identification number.

If you carry on a regulated profession, your professional title, the professional body or similar institution with which you are registered and the EEA state in which that title has been granted.

General terms and conditions.

Contractual terms relating to the courts in which claims can be brought and the law applicable to disputes.

Any after-sales guarantee not imposed by law.

The price of the service, where a price is pre-determined.

Information about any professional liability insurance or guarantee, including the contact details of the insurer or guarantor and the territorial coverage.

How to access details of non-judicial dispute resolution procedures if you are subject to a code of conduct or are a member of a trade association or professional body that gives access to such procedures.

You must make this information available via one of the following means:

  • supply it to the customer on your own initiative
  • make it easily accessible to the customer at the place where the service is provided or the contract concluded, for example, at your premises
  • make it easily accessible by the customer electronically, by means of an address you supply, for example, on a website
  • include it in any information documents that you supply which give a detailed description of the service.

Information you must provide to your customers if they ask

Under the PSRs, your customers are entitled to receive the following information if they ask for it.

Where the price is not pre-determined by your business for a given type of service, the price of the service, or, if an exact price cannot be given, the method for calculating the price so that it can be checked by the recipient, or a sufficiently detailed estimate.

If you are carrying on a regulated profession, a reference to the professional rules applicable in your EEA state of establishment and how to access them – so recipients can easily find the rules, for example, on a website.

Information on any other activities carried out by you or your business that are directly linked to the service in question, and on the measures taken to avoid conflicts of interest.

Any codes of conduct to which you are subject and the websites from which these codes are available, specifying the language version available.

Under the PSRs, you must make the information on the previous page available to customers in a clear and unambiguous way and in good time before the contract is concluded, or before the service is provided if there is no written contract (unless the information is requested after the service has been provided).

Achieve website compliance with Distance Selling Regulations Top Tips

DSRs top tips

Five tips to help make your website more compliant with the Distance Selling Regulations

Download this flyer: Making your website more compliant with the DSRs (JPG 219kb)

 
one Providing a full geographic address Providing a full geographic address
2 Providing a proper email contact address Providing a proper email contact address
3 Flagging up hidden or unexpected charges early in the buying process Flagging up hidden or unexpected charges early in the buying process
4 Being clear and open about cancellation rights Being clear and open about cancellation rights
5  Providing a full refund plus refund of delivery charges when things go wrong  Providing a full refund plus refund of delivery charges when things go wrong

 

 

  

  

 

Selling to remote locations in the UK? Ensure your services are clearly stated with these Top Tips

Download this flyer Top tips for remote communities (PDF 450kb)

Top Tips

This is a basic guide and is intended for businesses who sell goods and
services to consumers.

For information on the Provision of Services Regulations (PSRs) visit www.bis.gov.uk/files/file53100.pdf