Shopping from Home

Information

Shopping from home is also known as 'distance selling' and includes purchases made by e-mail, fax, telephone, Internet shopping and mail order. Distance selling involves communication between a supplier and a consumer where they are not in each other's physical presence.

The European Directive on Distance Selling (Directive 97/7/EC) (pdf) and the EC (Protection of Consumers in respect of contracts made by means of distance communication) Regulations 2001 (Statutory Instrument 207 of 2001) aim to ensure that consumers can expect the same minimum level of protection no matter where a supplier is based in the European Union, European Economic Area and Switzerland.

The European Directive on Distance Selling (Directive 97/7/EC) was incorporated into Irish Law by the EC (Protection of Consumers in respect of contracts made by means of distance communication) Regulations 2001 (Statutory Instrument 207 of 2001).

Rules

Under the EC (Protection of Consumers in respect of contracts made by means of distance communication) Regulations 2001 (Statutory Instrument 207 of 2001):

• Suppliers are obliged to carry out the contract within 30 days of when the order was placed unless they have agreed otherwise with the consumer
• If the supplier is unable to uphold its end of the contract, it must inform the consumer who is then entitled to a refund within 30 days. This entitlement can be excluded by prior agreement between the supplier and the consumer in the case of outdoor leisure events.
• Where the goods sought by the consumer are unavailable, equivalent goods may be provided. This can only be done where the consumer has consented to this arrangement before the contract is made and the consumer is informed that if he or she decides to withdraw from the contract, then no cost of returning the equivalent goods can be deducted by the supplier.

The Directive and the Regulations do not cover:

• Financial services like insurance or banking
• Contracts concluded by means of automatic vending machines or automated commercial premises
• Contracts concluded with telecommunications operators through the use of public payphones
• Contracts for the sale of land
• Auctions (even if the auction is held online)

In addition, the majority of the Regulations do not apply to:

• Food and drink delivered to the consumer at his or her home or his or her place of work by regular roundsmen (for example, milkmen). However, once-off transactions are covered.
• Contracts for the provision of accommodation, transport, catering or leisure services where the supplier has undertaken to supply these services by a specific time or date (for example, plane, train or concert tickets or hotel bookings).

Remember, you will still be protected by general consumer legislation whether you purchase the goods in Ireland or another Member State, if, for example, you buy goods in the UK, you will have the protection of the Distance Selling Regulations and the UK Sales of Goods Act 1979.

If you buy from a website or a catalogue based outside the EU any problems that arise may be more difficult to solve - so check the terms and conditions. Any international complaints can be directed to Econsumer.gov after you have tried to solve the problem directly with the seller. Econsumer.gov also tries to protect consumers from internet scams. Advice can also be sought from the European Consumer Centre Dublin, a member of the European Consumer Centre Network.

The distance contract

A distance contract must include:

• The supplier's name and address
• The consumer's identity
• The main characteristics of the goods or service
• The price of the goods - including all taxes
• Delivery costs, where applicable
• Arrangements for payment
• The existence of a right to cancellation
• The minimum duration of the contract
• The length of time it will be possible for the consumer to enter the contract on these terms
• The cost of the communication between the parties if it is above a basic rate.

Distance contracts are not enforceable unless prior to making the contract, the supplier provides this information and states clearly that the purpose of the proposed contract is commercial. The supplier must provide the consumer with written confirmation of this information.

Written confirmation

The supplier must provide written confirmation of the contract to the consumer before or at the time the good or service is delivered. Included in this written confirmation should be:

• A postal address to which complaints can be sent
• How the contract can be cancelled
• The conditions for terminating the contract if it is of unlimited duration or longer than one year
• Information on the aftersales services and guarantees that apply. If the contract is with an Irish company, this information will be set down in the Sale of Goods and Supply of Services Act, 1980. If the contract is with a company outside Ireland then, in general, the rules that apply are usually subject to legislation in that country, which should be laid down in the contract.

Cooling-off period

Consumers are entitled to a cooling-off period of 7 days, which begins on the day that they receive the product. In the case of a service, the cooling-off period begins on the day the contract for distance selling was concluded or the day written confirmation of the contract was received. During the cooling-off period, the consumer can cancel distance contracts without giving a reason and without incurring charges or penalties other than possible charges incurred in returning the goods. If a supplier fails to provide written confirmation, the cooling off period is extended to three months from the date the goods were received or the contract for the provision of services was completed.

Upon cancellation, the distance seller is obliged to reimburse the consumer within 30 days. Once the contract is cancelled, any credit agreements entered into at the time of the contract will be cancelled as well.

Cancellation will not be accepted, however, in the following cases:

• The provision of services have already begun with the consumer's agreement
• The price of the goods or services is dependent upon financial market fluctuations that are beyond the supplier's control
• The goods cannot be returned because they were made according to the consumer's specifications
• The goods are audio/video tapes or computer software whose seals have been broken by the consumer
• The goods are newspapers or magazines
• The services are gaming and lottery services.

Tax payable on goods

When products are ordered from another EU state, VAT is payable at either the rate applicable in your country or at the rate applicable in the seller's country. Generally, the seller will charge you the most advantageous rate and this is usually included in the quoted price of the goods.

Goods ordered from outside the EU that cost more than €22 may be liable for VAT. If they cost more than €150 they may also be liable for customs duty. 

Excise duty and VAT are chargeable on excisable products such as alcohol and alcoholic beverages, tobacco and tobacco products and mineral oils forwarded from other Member States of the EC.

Credit card fraud

If a consumer's credit card has been used fraudulently, the consumer can cancel any payments made under a distance contract and is entitled to the return of those payments immediately. Payments can be cancelled by contacting the bank or building society where you hold your credit card. You should always keep the telephone number in a safe place in case you need it.

If you discover (or even suspect) that your card has been used in a fraudulent manner, then you should contact the relevant financial institution straight away.

If your card has been used fraudulently, your liability cannot exceed 150 euro under EU Recommendation 97/489/EC. However, in Ireland, in practice the liability is generally lower.

Inertia selling

It is illegal for a supplier to demand payment for unsolicited services. Book clubs are a very good example of inertia selling and the most common kind. If a company sends you an item that you did not order and does not provide for return post, it cannot then try to invoice you for the product or initiate debt collection proceedings against you. However, if you are contracted to a company and receive unwanted books or CDs, you should check your contract as it may contain a term that commits you to receiving 4 or 5 items a year. If this is the case, the company's actions cannot be considered inertia selling. It is therefore very important for you to read the contract carefully before committing yourself to it.

Distance contracts cannot be enforced where they are formed by the supplier using an automated calling machine or fax unless the consumer consents in advance.

Waiving your rights as a consumer

A consumer cannot waive the rights conferred on him or her by the EC (Protection of Consumers in respect of contracts made by means of distance communication) Regulations 2001 (Statutory Instrument 207 of 2001).

How to apply

When making a complaint, you should firstly contact the supplier and inform them about your complaint.

If your complaint is against a supplier here in Ireland, then you should complain to the National Consumer Agency (NCA), which has responsibility for enforcing the EC (Protection of Consumers in respect of contracts made by means of distance communication) Regulations 2001 (Statutory Instrument 207 of 2001). The NCA can appoint officers to search, inspect and remove documents from the premises of offending suppliers.

If a supplier fails to comply with legal obligations, then the distance contract will be rendered unenforceable. The supplier is then exposed to the risk of criminal prosecution and fines of up to 3,800 euro.

Consumer protection organisations can bring proceedings in the High Court to enforce the Regulations.

You can also contact the European Consumer Centre (ECC), which will contact the company and try to resolve your dispute. If this is not successful, ECC Dublin will forward your case to its Clearing House section so that the case can be sent to an Alternative Dispute Resolution (ADR) organisation in the other country.

The National Consumer Agency website contains information on shopping from home.

Alternative Dispute Resolution is a way of resolving disputes outside the court system and is usually arbitration or mediation. ADR should only be used as a last resort. You can get further information on ADR in the EU by contacting the Clearing House at ECC Dublin.

Where To Apply