Baby Buggy Outlet LLC
DISTANCE SELLING REGULATIONS IN E-COMMERCE
EU DISTANCE SELLING REGULATIONS
See also: UK CONSUMER CONTRACT REGULATIONS
"The Regulations derive from the Distance Selling Directive which was adopted by the European Commission on 20 May 1997. The purpose of the Regulations, as put forward by the Government, is to give consumers the necessary protection so that they can confidently participate in distance selling. It also provides a framework within which businesses engaged in distance selling have to operate. Companies will not be able to avoid the Regulations - any terms in consumer contracts which state that the Regulations do not apply or that the consumer waives its rights under the Regulations will be void."
"The Regulations cover contracts for the supply of goods and services concluded at a distance between suppliers acting in a commercial or professional capacity and consumers. A distance contract is one where the supplier makes exclusive use of one or more means of distance communication in entering into the contract with the consumer up to and including the moment at which the contract is concluded. This means that there is no ‘face to face’ contact between the supplier and consumer up until that point.
Clearly, therefore, the Regulations apply to sales of goods and services over the Internet (in addition to other specified means of distance communication such as email, fax, catalogue, telephone and teleshopping).
The Department of Trade and Industry (DTI) has stated that they would expect the Regulations to apply to non-EU suppliers who sell goods or services into the U.K. (e.g. via a website). A US company, for example, might not expect to be subject to English law but should, in light of the Regulations, check both that its procedures in relation to website sales and the terms of its consumer contracts comply with the requirements of the Regulations. In the absence of compliance, they may find that contracts are unenforceable against consumers."
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