Len Dastard warns – don't get caught out by Distance Selling Regulations
Buenas tardes, my flock! It is I, Len Dastard, real-life litigation executive posing as a fictional Mexican wrestler. That doesn't mean I couldn't go ten rounds with you in the ring and leave you eating sopa de dientes. Know this.
We had an email from avid Bitterwallet reader James concerning a transaction that took place online. James wanted to know whether a retailer could exclude the rights granted to us under the Distance Selling Regulations - the retailer in question was We Are Electricals.
We have quite an extensive list of scenarios now on the Distance Selling Regulations - have a look here for a recap. The answer to the question of whether a retailer can exclude the DSRs is usually no, they cannot. However, after some consideration of the retailer in this example, it would appear that they can. This particular retailer makes it clear by their wording and terms (which you have to agree you have read) that they intend only to contract with other businesses.
Therefore you cannot rely on the DSRs as the regulations only cover business-to-consumer transactions. The situation would be very different if the set-up of the website was such that it was unclear whether or not they intended to only contract with businesses.
Aside from this instance, remember that the Distance Selling Regulations do not apply to:
• Financial services
• Goods bought from a vending machine
• Goods bought using a public payphone
• Contracts for the sale of land
ª Contracts for the constructions of a building
The following is a list (of a few examples) of items that are non-cancellable:
• Betting, gaming or lottery services
• Newspapers etc
• Goods which might deteriorate quickly
Be on your guard! The DSRs are there to protect you, but they are not absolute and will not cover every single transaction.
Get in contact with us at [email protected] if you would like us to look at any issues for you.