What is Distance Selling?
Goods or services are sold at a distance if they are sold under an "organised scheme" which makes exclusively use of one or more means of distance communication. In other words, there is no face-to-face communication between the supplier and the consumer. All communication is carried out via website, e-mail, mail order, fax and telephone.
Clear information
Prior to the conclusion of a distance contract the supplier is obliged to give consumers the following information in a clear, understandable way:
- his name and address
- the main characteristics of the goods and services
- the price including VAT and any other taxes
- delivery costs
- the arrangements for payment, delivery or performance
- the customer's right to cancel the contract and how to do so
- how the consumer can correct input errors when using the website
- how long the price quoted will remain valid and the minimum duration of the contract, where applicable
- the cost of using the means of distance communication
The above information must be furnished to you in a durable form (e.g. in writing or by email) before or at the time the goods are delivered or the services provided. In addition, this durable form of information must include information in relation to:
- how the contract may be cancelled;
- the place to which the consumer may address complaints;
- any guarantees and after sales services that are available;
- the conditions for terminating the contract if it is of unlimited duration or for longer than one year
Cancellation and refund
If you don't like the product or have changed your mind you can cancel the contract. The minimum cooling-off period in EU-Member States is seven working days. If Swedish law applies to your contract you have a cooling-off period of 14 days. This means that you have the right to cancel the contract up to the end of the fourteenth day after the day you received the goods.
Where the supplier has failed to meet his obligations as regards information about the right of withdrawal the cancellation period is extended to one year and if he has failed to meet his obligations as regards other information, this period is extended to three months.
If you wish to cancel the contract you must inform the supplier. According to Swedish law you need not do this in writing, however, you have to proof that you have cancelled the contract in time. It is therefore advisable to e.g. send a letter by registered mail.
If payment has already been collected, the supplier must refund you within 30 days.
Performance of the contract
In principle, the supplier has thirty days in which to perform the contract. Where the supplier fails to perform his side of the contract, the consumer must be informed. The consumer has the right to cancel the contract. If he does so any sums paid must be refunded within 30 days.
Services and goods excluded
There are many items that are excluded from the distance selling rules. This means the above rules do not apply when purchasing the following items:
- financial services like insurance or banking
- purchases from automatic vending machines
- contracts for the sale of immovable property
- auctions
- food and drink delivered to you home or at work by regular roundsmen (e.g. milkmen, supermarket delivery)
- contract for the provision of accommodation, transport, catering or leisure services where the supplier has undertaken to supply those services by a specific time or date (e.g. plane, train or concert tickets or hotel bookings).
Exceptions to your cancellation rights
The consumer has no right to cancel the contract where:
- performance of the service has already begun with your consent
- the price is dependent upon financial market fluctuations beyond the supplier's control
- the goods are not capable of being returned because they are made according to your specifications
- the goods are video/audio tapes or computer software and any seal on them has been broken by you
- the goods are newspapers or magazines
- the services are gaming or lottery services.
