It is not enough for distance sellers to include the required information on a website or through a link in the confirmation email.In the recent Content Services case the European Court has confirmed
It is not enough for distance sellers to include the required information on a website or through a link in the confirmation email.
In the recent Content Services case the European Court has confirmed the OFT's position that a website does not constitute a 'durable medium' for the purposes of the Distance Selling Directive.
The Distance Selling Directive and Distance Selling Regulations require businesses which sell goods or services to consumers from a distance, for example on the internet, to provide certain information to consumers in a durable medium.
This obligation will not be met by hosting the required information on the website of the business, as it is not a sufficiently permanent medium. It appears that a confirmation email containing all of the required information will be sufficient, as it can be permanently stored unchanged by the consumer. An email containing a link to the information will not be sufficient.
The risk for distance sellers of not complying with this requirement is a dramatic increase in the length of time during which consumers will have the legal right to cancel their contracts.
In the recent Content Services case the European Court has confirmed the OFT's position that a website does not constitute a 'durable medium' for the purposes of the Distance Selling Directive.
The Distance Selling Directive and Distance Selling Regulations require businesses which sell goods or services to consumers from a distance, for example on the internet, to provide certain information to consumers in a durable medium.
This obligation will not be met by hosting the required information on the website of the business, as it is not a sufficiently permanent medium. It appears that a confirmation email containing all of the required information will be sufficient, as it can be permanently stored unchanged by the consumer. An email containing a link to the information will not be sufficient.
The risk for distance sellers of not complying with this requirement is a dramatic increase in the length of time during which consumers will have the legal right to cancel their contracts.