If you sell goods/services online you will be aware of the impact of this Regulation and the confusion it can cause. The European Commission has launched a consultation on how effective these regulation are in the light of emerging technologies such as "mobile commerce" through SMS, and the popularity of certain marketing methods, such as on-line auctions. All interested parties are invited to submit replies to the Commission by 21 November 2006.
The Distance Selling Directive applies to any consumer distance contract made under the law of an EU-Member State as well as the European Economic Area (EEA). It provides a number of fundamental legal rights for consumers in order to ensure a high level of consumer protection throughout the EU. These include:
- Provision of comprehensive information before the purchase;
- Confirmation of that information in a durable medium (such as written confirmation);
- Consumer's right to cancel the contract within a minimum of 7 working days without giving any reason and without penalty, except the cost of returning the goods (right of withdrawal);
- Where the consumer has cancelled the contract, the right to a refund within 30 days of cancellation;
- Delivery of the goods or performance of the service within 30 days of the day after the consumer placed his order;
- Protection from unsolicited selling;
- Protection from fraudulent use of payment cards;
- Non validity of any waiver of the rights and obligations provided for under the directive, whether instigated by the consumer or the supplier.
Other types of contracts are excluded from the core provisions of the directive, such as the provision of comprehensible information before the purchase and the right to cancel the contract. These include contracts for services to be performed on a specific date or within a specific period such as hotel room bookings, travel or concert tickets.
Given the advances in technology and the exclusions to the Regulations are these regulations effectively policing on-line sales? Are they achieving the balance between consumer protection and ensuring a legitimate right to do business? What do you think? We are interested in your views.
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