远程销售包括商品销售, services or digital content where there is no face-to-face contact with consumers

例如:

在线
电话
邮购
电视购物频道
交互式电视
This is a complicated area and more detail is provided in the In-depth Guide below.

如果你在营业场所或营业场所外销售, you will also need to read the ‘On-premises sales’ and ‘Off-premises sales’ Quick Guides
This downloadable scenarios document will help you decide where contracts are made.

一般来说:

you must provide consumers with certain information before the contract is made
you must obtain the consumer’s clear agreement if you want to charge for additional items (no pre-ticked boxes in the contract)
customer helplines must cost no more than the basic rate
你有交货的义务, including the point at which the consumer becomes responsible for the goods
Obligations apply if you sell or supply consumers with goods or digital content that are not of satisfactory quality, 不符合描述的或不符合目的的, 或者你提供的服务低于标准. 你可以 find out more in the following Quick Guides: ‘Goods’, ‘Digital’ and ‘Services’
哪些不包括在内?
The Regulations are broad, but they don’t cover all contracts. 这些问题通常与打包旅行有关, timeshare and consumables that are regularly delivered to the customer’s home. You will need to check the In-depth Guide for a full list.

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你必须提供的资料
There is some very specific information you must give to consumers, 包括你的交易地址, 定价, 投诉处理政策和撤销权. It must be clear, legible and understandable, and be appropriate for the way you distance sell. This information must be given before you enter into an agreement with the customer. If you do not give certain parts of this information the consumer does not have to pay.

The In-depth Guide contains a table with detailed information on the requirements.

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电子合同
Where a contract is completed electronically and also places the customer under an obligation to pay, you must make sure that they are aware of this obligation – for example, 通过使用“现在付款”, ‘buy now’ or similar wording at the point where they click to pay. If you don’t do this, the contract is not legally binding on the customer.

如果你打电话给消费者来完成合同, you must first give your identity and the reason for your call.

After the contract is made you must give the consumer confirmation of the contract in a durable form (paper or email). 这必须包括上述所有信息, unless you provided it in a durable form before the contract was concluded. Note that this information forms part of the contract you have with the consumer.

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取消的权利
There are certain contracts that a consumer does not have the right to cancel, and a consumer’s actions can affect their right to cancel.

其他合同, 一般来说, consumers have the right to cancel a contract at any time and for any reason within a 14-day cancellation period.

The rules on cancellation are much more detailed than this, 然而, so you will need to read the In-depth Guide to get the full picture.

If the consumer handled the goods more than was necessary to decide if they were suitable, you may be able to recover compensation from the consumer up to the contract price
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额外的支付
You must always get the consumer’s clear agreement if you want to charge an additional 付款 for something that is linked to the main contract – for example, 礼品包装或快速送货.

这意味着您不能有默认选项, 比如网站上的一个预先打勾的框, 消费者必须取消勾选以避免付款. 消费者 who have not agreed will not have to pay; and if they have paid, 他们可以向你要求退款.

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热线电话收费
If you provide a tele电话 helpline for consumers to contact you about goods or services they have bought, 你只能收取“基本费率”. 这意味着正常的地理或移动速率. 消费者 who have paid more than the basic rate can claim the extra from you.

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交付与风险
Unless you both agree otherwise, you must deliver the goods to the consumer. 这应该是在约定的交货日期, 不得无故拖延, or not more than 30 days from the day the contract was made, 取决于合同.

在消费者收到货物之前，你对货物负责, 或者是他们提名的人, 占有它们.

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不请自来的货物
If you send goods to a consumer that they didn’t request, they’re entitled to keep them as an unconditional gift and do not have to pay you for them.

And you can’t assume just because the consumer doesn’t contact you after receiving the goods that they are agreeing to pay for or return them. 这被称为惯性销售, and is a banned practice under the Consumer Protection from Unfair Trading Regulations 2008.

For more detailed information please see the In-depth Guides below. 一旦你完成了, make sure you look at the full range of Quick Guides to see whether there are any other areas of law that affect your business.

开始之前
Make sure you choose your location using the drop-down list at the top of the page. The In-depth Guides provide country-specific information as some laws are different in England, 苏格兰和威尔士, 其中一些的执行方式不同.

来源:商业伙伴

信息的URL: http://www.businesscompanion.info/en/quick-guides/distance-sales