I have heard about several retailers that have run into problems complying with the Distance Selling Regulations. Can you outline what these involve?

The Consumer Protection (Distance Selling) Regulations 2000 apply to sales to consumers that have been made at a distance. In other words, where there is no face-to-face contact between the seller and the buyer before the contract is made - such as over the internet.

Under the regulations, a company has to refund an item if the buyer changes their mind, for any reason, within seven days after the day on which the item was delivered. If the buyer cancels within the cooling off period of seven working days, they are entitled to their money back, including the postage and packaging charges. “A number of retailers have recently been found in breach of the regulations because they have only refunded the purchase price and not the postage and packaging charges as well,” says Fiona Carter, head of advertising and marketing at the law firm Browne Jacobson LLP.

Retailers can require the buyer to pay the cost of returning the item to them, but only if they clearly inform the buyer of this before the contract is made. This can be stipulated in their returns policy. “If a retailer does not include this necessary detail in written information then they cannot charge anything,” warns Carter.

Also, if a retailer does not provide the customer with other mandatory information about its business, prescribed by the regulations, the buyer has up to three months to cancel the contract, for any reason, and get their money back.