If you sell goods, services or digital content to consumers away from your business premises, then there is certain information that you must give to your customers before and after they enter into a contract with you, including
- Your business name, geographical address and, where applicable, a telephone number and email address to allow customers to contact you quickly and efficiently.
- A description of the product, including as much information as possible.
- The total price, including delivery costs and any other applicable charges. Prices must be inclusive of VAT, and if a price can’t be calculated in advance, you must explain how it will be calculated, e.g., how much you charge per hour.
- Information on payment and performance of the contract, for example, how long you will take to complete a service or how long goods will take to be delivered.
- Information on a consumers right to cancel, including the cancellation process. You must provide consumers with a cancellation form, which must follow the same format as the model cancellation form provided in the regulations.
- If you are expecting consumers to pay for the cost of returning the goods, you must tell them about this beforehand.
- If you offer a service contract, a consumer may expressly request that you start your service within the cancellation period. You must tell them that if they later decide to cancel the contract before works are complete and within the 14 day period, then, they will be required to pay you reasonable costs for the service you have delivered up to the time of their cancellation.
You must provide consumers with information in a way that is clear, easy to read and understand. You must provide the information on paper or, if the consumer agrees, on another durable medium, for example, in a personally addressed letter or email.
If you fail to provide consumers with information on their right to cancel (including informing them that they will be responsible for the cost of returning the goods or that they will have to pay for any services started within the cancellation period), then you will be committing a criminal offence. It is important that you keep records to prove that you have provided this information.
Exemptions from full information requirements for certain off-premises contracts
Some contracts are exempt from the requirement to provide the full list of information.
These contracts include
- Contracts for £42 or less – doorstep and other off-premises contracts for £42 or less are exempt under the regulations; however, information about the price and characteristics of the product must always be provided.
- Repair or maintenance services contracts costing less than £170 – you will still be required to provide your name and address, the price and a cancellation form – see repairs and maintenance contracts.
