Sale of Services Distance Selling Terms and Conditions
These Distance Selling Sale of Services Terms and Conditions are designed for use in business-to-consumer transactions conducted via a distance selling method such as telesales.
This template has been reviewed and updated for compatibility with the Consumer Rights Act 2015 which entered into force on 1st October 2015.
Please note that these terms and conditions are not designed for distance selling via e-commerce. Please refer to our Website Terms and Conditions portfolio for e-commerce templates.
Designed for use with a wide range of service types, these terms have been written specifically to assist in compliance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. As such, provisions within the document deal with key requirements including pre-contract information and cancellation or “cooling-off” rights.
Distance selling is defined as any form of contract which is concluded without the simultaneous physical presence of the trader and the consumer with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded. This document is thus ideal for use as telesales terms and conditions or mail order terms and conditions.
It is important to note that use of this template alone will not ensure compliance with the Regulations – the terms of this document are compatible with the Regulations but traders must fully understand, and comply with their obligations under the Regulations beyond simply using the right terms of business. Traders must, to state some key examples, ensure that customers are provided with the required pre-contract information, with full details of their statutory cancellation rights, with contact details (NB: premium-rate numbers can no longer be used for any telephone contact that relates to a customer’s order) and with a model cancellation form (included in the Regulations at Schedule 3).
When dealing with the pre-contract information referred to in the terms and conditions please note that this is a requirement under the Regulations (the full list of information is included in Schedule 2 of the Regulations). What it is not, however, is a list which must be followed in order, with all information being sent to a customer in one big document. Much of the information, for example, service specifications and contract durations, will be given to the customer in the normal course of doing business. Traders must, however, ensure that the right information is provided to customers at the right time.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document. Please note that while clause numbers will update automatically, cross references within clauses will not and must be updated manually.
These Distance Selling Sale of Services Terms and Conditions contain the following clauses:
1. Definitions and Interpretation
2. Information About Us
3. The Contract
5. Price and Payment
6. Providing the Services
7. Problems with the Services and Your Legal Rights
8. Our Liability
9. Events Outside of Our Control (Force Majeure)
10. Your Statutory Right to Cancel
11. Cancellation After the Statutory Cancellation Period
12. Communication and Contact Details
13. Complaints and Feedback
14. How We Use Your Personal Information (Data Protection)
15. Other Important Terms
16. Governing Law and Jurisdiction
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