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Distance Selling regulations
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Distance selling of artwork using the Internet is potentially problematic. Artwork purchased on the strength of a small digital image seen on a PC screen can look very different life-size and in the flesh. It is wholly reasonable to anticipate that some customers might change their minds about their purchase once they have received the goods.
The purpose of the distance selling legislation is to give consumers confidence where there is no face-to-face contact with the seller, and the right to change their mind.
What you must do
The legal requirements of you (the trader) are to provide key (pre contractual) information about your goods and services, specifically:
- your contact details - your postal address, email address, and telephone number (optional),
- a description of your goods or services,
- the price of the goods or services,
- delivery costs, where appropriate
- the arrangements for payment,
- the arrangements for delivery (e.g. when the customer can expect delivery of the goods),
- cancellation rights/returns.
Cancellation rights
Briefly, the customer has the right to change their mind if they are not happy with goods (or services), and is entitled to a cooling-off period of seven working days in which to make this decision.
Unlike buying face-to-face, the first time the customer will have the opportunity to inspect the artwork is when it is received by them. The item does not have to be defective in any way: the customer has the right to ask for their money back if they are not satisfied with their purchase.
The critical point here is that if you specify a seven working day time limit for cancellation of goods, the customer’s right to ask for their money back ends after seven working days (from the date of receipt of the goods). If you do not specify cancellation rights, the customer has 3 months and 7 working days in which to decide to return the goods.
You also need to specify how artwork should be returned. If the customer does not wish to accept the goods, they remain your possessions, and you cannot expect the customer to pay for transportation of your merchandise!
"Durable media"
So, if you have all those details on your web site, are you compliant with the law. Well, no … not quite! The law requires terms and conditions to be conveyed in a “durable” medium. Durable medium means a form that can be retained, reproduced, but cannot be edited. Web sites are not considered to be a durable medium as their content can easy be changed.
To comply with the law, you should consider providing “pre-contractual” information to customers in a durable form such as a letter or email (which you cannot alter once sent). Consider putting your pre contractual details in a Word document, and appending that to email correspondence with customers?
Commissioned Artwork
Customers do not have the right to cancel custom made goods once provision of services has been agreed.
It is up to you to decide whether you wish to use this provision, and to what extent, but you must ensure that your terms are put in writing, and agreed by the customer.
You must allow the customer a cooling-off period of seven working, days before you start work, in which to consider their decision to agree the terms of provision of service.
The customer is contractually bound by your terms so long as you have provided written “pre-contractual” information, received their agreement to start work, and told them that their cancellation rights will end as soon as you start work.
Contracts
For most Internet Artist, the sale of goods or services proceeds informally via a dialog with the customer.
Where details of the service that you agree to provide to the customer are immortalised in a durable medium (email, fax, letter), this correspondence forms a contract. Artists need to be aware that when they discuss work/sales, they are forming contracts with their customers.
If pre contractual information is in a durable format, and cooling–off periods are correctly observed, the Artist can ensure that they are trading fairly, and do not fall foul of the distance selling regulations in the event of a dispute arising.
Resources
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For more information visit the Office of Fair Trading. |
Article date: 02 September 2009 ¦ Suggest an amendment or a new resource
