E-Commerce Regulations DSR Exceptions
The E-commerce regulations (Distance Selling Regulations (DSRs)) do not apply to the following:
- business to business contracts;
- contracts for the sale of land, that is the sale of freehold or leasehold interests. They do apply to short term tenancy or leasehold agreements (rental agreements) concluded by distance means;
- contracts for the construction of a building where the contract also provides for a sale or other transfer of an interest in the land on which the building is constructed. They do apply where a consumer already has rights over the land and subsequently enters into a distance contract with a builder to construct a building on the land;
- contracts relating to financial services to consumers. However these services are likely to be subject to the Financial Services (Distance Marketing) Regulations 2004 and, where relevant, the Consumer Credit Act 1974;
- conditional sales and contracts for hire purchase. They do apply to contracts for hire services, for example the hire of electrical items or clothing;
- contracts concluded with a telecommunications operator in respect of a telephone call from a public pay phone;
- auction sales, including online and interactive TV auctions. They do apply to some activities described as auctions depending on exactly when and how the sale occurs.
There are some exceptions to the E-commerce regulations to provide pre-contractual information, written and additional information, the right to cancel and the obligation on the supplier to carry out the contract within a maximum of 30 days.
These apply to:
- certain types of contracts for the supply of food, drinks or other goods for everyday consumption delivered to the consumer's home or work place. In the OFT’s view this does not include home deliveries by supermarkets or other home delivery grocery businesses;
- certain types of contract to provide accommodation, transport, catering or leisure services (for example hotel accommodation, plane, train or concert tickets, car hire or sporting events) where you agree to provide the service on a specific date or within a specific period. However, long term residential hotel accommodation agreed under a distance contract may be considered to be rented accommodation and therefore subject to the DSRs.
Stay Legal's team of e-commerce solicitors can help you ensure you are in compliance with all regulations relating to business over the internet.
