COLD CALLING
If you are considering buying
good or services in response to a cold call by phone, mail or email
there are several things to bear in mind.
Before buying
Before consumers buy, the supplier must provide the following information:
- name of the supplier
- description of the goods
and services
- price, including all taxes
- arrangements for payment
- delivery costs (where applicable)
- delivery arrangements (see
below for further details)
- the right to cancel the
order
- how long the offer or price
remains valid
- supplier's postal address
(if the customer has to pay up front).
Deciding to buy
After consumers decide to buy, the supplier should confirm the earlier
information in a written or durable form such as fax, letter, contract,
catalogue, advertisement or email.
This confirmation should also include:
- details on when and how
a contract can be cancelled (see below for further details)
- postal address for the
supplier to which complaints can be addressed
- details of after-sales
services and guarantees
where the contract has no specific end date or lasts more than
a year, details of when and how they can cancel the contract.
At the latest, the customer
must have this confirmation by the time the goods are delivered
and, in the case of services, before or during the performance of
the contract.
Waiting for delivery
Suppliers have to deliver what they promise in their contract within
set timeframes. From the day after consumers send their order, suppliers
have 30 days to perform the contract, unless agreed otherwise.
If the supplier does not deliver,
they must refund within 30 days, or supply substitute goods or services
of equivalent quality and price provided the consumer was aware
of this possibility before entering the contract.
Cancelling an order
Under the regulations, consumers generally have a right to cancel
the contract at any time up to seven working days after the delivery
of goods, or, in the case of services, up to seven days from the
date of contract for the services.
However, if the trader has
failed to give the consumer all the information required by the
regulations, the consumer's right of withdrawal can be further extended
by up to three months.
Consumers must cancel in writing
or other durable medium, for example by letter, fax or email. Where
the consumer has made any payments for the goods or services before
cancelling the contract, the supplier must refund them within 30
days.
If the consumer receives goods
under a cancelled contract, he must take reasonable care of these,
and if specified in the contract, may be liable for the costs of
returning them. Unless agreed otherwise, the consumer's right to
withdraw from the contract does not apply to:
- goods or services where
the price is dependent on fluctuations in the financial market
- goods made to customer
specifications
- goods which deteriorate
rapidly or which cannot be returned, for example flowers or electricity
- software and audio and
video recordings unsealed by the customer
- time-sensitive goods such
as newspapers and periodicals
- time-sensitive services
such as transport or accommodation provided on specific dates
- the regular supply of foods,
beverages and other household items, for example delivered by
milkmen
- gaming, betting and lotteries.
An introductory leaflet Home shopping: Your rights as a consumer
(URN 00/1127) is available from the DTI by telephoning 0870 150
2500.
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