Rules Regarding Distance Selling Contracts

A distance contract is an agreement for theacting outside their trade or business.
provision of goods and services made between aThe Distance Selling Directive does not apply to
supplier on the one hand and a consumer on thecertain contracts, such as financial services
other under an organized distance sales scheme.agreements, contracts for the sale of land,
The supplier and consumer do not meet face tocontracts involving perishable items and involving
face under distance selling contracts before theaccommodation and transport.
contract is concluded, and therefore consumersThe Directive states that before concluding a
cannot actually see the specific goods or servicesdistance contract, the supplier must provide
to be provided.information details of his identity, address, the
Under distance selling contracts, the supplier usesnature of the goods and services, their price and
a means of distance communication such as viadelivery costs, if applicable. The information must
the internet at all stages in the formation of thebe given clearly to the consumer, or in the case
contract. Other means of distanceof e-commerce contracts should be displayed on
communications include e-mail, mail order, post andthe supplier’s website. The supplier is also
telephone sales.obliged to provide written confirmation of the
The Distance Selling Directive binding on allabove terms and information concerning the
European Union states, once incorporated intocontract between the parties in good time. This
domestic legislation aims to protect consumerscan be effected through a confirmation e-mail
against the risks involved in distance andsent by the supplier to the consumer.
e-commerce selling. The terms of the DirectiveThe parties are free to agree the time period for
will not apply however, where the contract isperformance of the distance contract, though if
concluded between seller and consumer face tono date is specified, under the Directive the
face. The Directive will bind suppliers of goods andsupplier must perform the contract within thirty
services who act in a professional or businessdays of the date of the order.
capacity. Consumers are defined as persons