OFFICE OF FAIR TRADING - CONSUMER PROTECTION LEGISLATION

Consumer Protection (Distance Selling) Regulations 2000 (DSRs)

The purpose of the legislation is to: give consumers confidence to buy goods and services where there is no face to face contact with the seller, and ensure that all traders selling at a distance in the normal course of their business meet certain basic requirements.

The DSRs say that business must provide consumers with clear information so that they can make an informed choice about whether or not they wish to buy. In most cases business must also give consumers the right to a cancellation period.

The information business give must include details about: the business; the goods or services being sold; payment arrangements; delivery arrangements, and consumers’ right to cancel their orders where appropriate.

Pre-contractual information and some additional information, outlined in the DSR regulations must be confirmed in writing or another durable medium.

Trade Descriptions Act 1968

For goods: this requires a trader to only supply or offer to supply goods that are accurately described.

For services: this requires a trader to accurately describe any service, accommodation or facilities being supplied.

Sale of Goods Act 1979

This requires that traders must sell goods as they are described and that the goods are of satisfactory quality. It also sets out remedies available to consumers if the goods do not meet these requirements.

Supply of Goods and Services Act 1982

This requires a supplier of a service acting in the course of a business to carry out that service with reasonable care and skill and, unless agreed otherwise, within a reasonable time and for a reasonable charge.

Control of Misleading Advertisements Regulations 1988

These provide protection against misleading advertisements and also set out requirements for advertisements that make comparisons with competitors.

The Consumer Protection Act 1987

Among other things this covers product safety and product liability and prohibits the use of misleading price indications.

Unfair Terms in Consumer Contract Regulations 1999

These require that standard terms used in contracts are fair and balanced.

Legal Issues

 
In the event of a dispute over the description or supply of goods, payment, or ownership, the contract will be deemed to have been made within England and will therefore be subject to the laws of England and Wales.

Managed by

A UK University qualified biologist & Fellow of the Zoological Society:
Mike Holmes BSc,DipBiolSci,CertNatSci,CertContSci,AMRI,AMIBiol,FZS