Powered by Lexis+®
Jurisdiction(s):
United Kingdom
CASE STUDY

“We rely on LexisNexis to give us a definitive answer, quickly and reliable every time so that we can be confident in the advice we use to help our clients.”

Shelter

Access all documents on Distance contract

Distance contract meaning

What does Distance contract mean?
A distance contract is a contract between a trader and a consumer (i.e., B2C) formed without any face‑to‑face meeting, typically via a website, app, telephone or email, as part of an organised distance‑selling or service‑provision scheme. The term is defined in UK law by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and in Ireland by the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013 (as amended), implementing the EU Consumer Rights Directive. Key elements are: - no simultaneous physical presence of trader and consumer; and - exclusive use of one or more means of distance communication up to and including the point of conclusion; and - operation by the trader of an organised system for selling goods, services or digital content at a distance. In practice, this covers most e‑commerce purchases, telephone sales, online subscriptions and digital content contracts. Legal significance: distance contracts trigger mandatory pre‑contract information requirements, a 14‑day cancellation (cooling‑off) period, and delivery/refund rules, subject to recognised exceptions (for example, custom‑made goods, urgent repairs, or digital content once downloading/streaming begins with express consent). Usage and effect are broadly consistent across England & Wales, Scotland, Northern Ireland and Ireland.
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.

View the related Checklists about Distance contract

CHECKLISTS
UK print marketing campaigns: practitioner checklist on targeting, placement, agency contracts, data protection, DMCCA 2024/CAP Code compliance, comparative claims, IP, prize/price promotions and clearance

This Checklist supports planning for a print marketing campaign. It concentrates on marketing-specific needs, excluding wider transactional matters (eg contract formation, distance selling). Scope includes targeting and placement, agency agreements, data protection, advertising compliance, and prize or price promotions. It also addresses conformity with the UK’s legislative and self-regulatory framework, notably the unfair commercial practices rules in the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code). Print ads remain pivotal to big-brand activity, across billboards, posters, brochures, leaflets, newspapers and magazines. In the UK, print advertising is overseen through a blend of industry self-regulation and statute. For a wider briefing on the UK advertising environment, see Practice Note: Advertising law and regulation. See also: Advertising copy approval—checklist; Planning a digital marketing campaign—checklist. A third column is available to capture observations or remarks while working through the Checklist... Checklist Further information Notes (if any) Targeting and placement ...

Read More Right Arrow
CHECKLISTS
UK digital marketing campaigns: legal compliance checklist (DMCCA 2024, CAP Code, UK GDPR, PECR 2003, OSA 2023)

How to use this Checklist Use this Checklist when mapping out a digital marketing campaign. The emphasis is on marketing‑specific requirements, and it does not deal with general matters connected to transactional activity (eg contract formation and distance selling). It spans media selection, territorial targeting, agency contracts and agreements, data protection and safeguarding, advertising compliance, user‑generated content and material, influencer engagement and partnerships, prize and price promotions, and behavioural advertising. It also looks at adherence to the legislative and self‑regulatory regime in the UK, including the unfair commercial practices provisions in the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non‑broadcast Advertising and Direct & Promotional Marketing (CAP Code). Digital marketing can reach consumers at home, at work and, via their mobiles, tablets and video game consoles, almost everywhere else. Alongside unrivalled potential audience numbers, it gives brands the chance to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are moving...

Read More Right Arrow
CHECKLISTS
Law firm checklist: compliance with consumer cancellation rights for distance and off‑premises contracts under the UK Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Requirement Compliant Does your new client/matter process flag clients who hold cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013? See Practice Note: Different types of cancellation rights—law firms, and Decision tree: does my client have cancellation rights (from 14.06.2014). If yes, does the process also confirm whether those rights arise from an off-premises contract or a distance contract? Before the client is bound by any agreement, do you provide: the information required by Schedule 2 of the Regs—covered in our 2019 Client care letter—law firms and Terms of business—law firms; notice of cancellation rights—see Instructions for cancellation; a Cancellation form? For off-premises contracts, you must give the information on paper or, if the client consents, on a durable medium, e.g. email. For distance contracts, there is no need for paper or even a durable medium—you may simply provide or make the information accessible to the client, but if you use email or post, the information...

Read More Right Arrow

View the related News about Distance contract

NEWS
Commercial weekly highlights: UK and EU case law and regulatory updates on advertising, consumer, contracts, data protection, e-commerce, procurement and customs — 13 June 2024

In this issue: Advertising, marketing and sponsorship Consumer protection Contracts Data protection E-commerce International Public procurement Daily and weekly news alerts New and updated content Dates for your diary Trackers Advertising, marketing and sponsorship ASA rulings—12 June 2024 The Advertising Standards Authority (ASA) considered a complaint about a YouTube video on the Sidemen’s channel that referenced the vodka label ‘XIX Vodka’ in the content. The ASA upheld one point, but dismissed two others after review overall. See: LNB News 12/06/2024 34. Ofcom consults on renewing co-regulatory arrangements for ODPS and VSP Ofcom has opened a consultation on its plans to extend, for a decade to 31 October 2034, the co-regulatory framework governing broadcast advertising, on demand programme service (ODPS) advertising, and video-sharing platform (VSP) advertising arrangements in place. The consultation closes on 19 July 2024. See: LNB News 07/06/2024 17...

Read More Right Arrow
NEWS
EU law weekly: CJEU rulings; competition/state aid; data protection; retail investment, MiCAR; environment; life sciences; DSA/AI Act; trade defence; international trade; trackers and practice notes—13 June 2024

In this issue: Commercial Competition and state aid Data protection and cybersecurity Financial services Environment Life sciences TMT International trade Daily and weekly news alerts New and updated content Trackers Commercial Distance contract information obligations in case of conditional payments (VT, UR v Conny GmbH) Article 8(2) of Directive 2011/83/EU, the EU Consumer Rights Directive (EU CRD) setting out formalities for distance contracts, requires a trader to ensure that, when placing an order, the consumer expressly recognises that doing so entails an obligation to pay. Where ordering involves pressing a button or a comparable feature, that control must be labelled, in a clearly legible way, only with the words ‘order with obligation to pay’ or an equally clear and unambiguous wording indicating that submitting the order carries a payment obligation to the trader. If the trader fails to comply with this rule, the consumer is not bound by the contract or the order....

Read More Right Arrow
NEWS
ASOS returns tool: CRA/CCRs limits on return fees and restocking, and UK GDPR obligations for return‑rate profiling and automated decisions

Does the new returns tool unlawfully penalise consumers for exercising their right to return items? The consumer–trader relationship sits under the Consumer Rights Act 2015 (CRA) and the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCRs). Under the CCRs, individuals who enter contracts by distance means (for instance, online) enjoy a right to cancel a retailer contract. In particular, a shopper may cancel an online purchase at any point within the cancellation window, although this can be subject to enhanced delivery charges, deductions for any use, the expense of sending goods back, and the price of any services supplied during that window. Ordinarily, the period for cancelling is 14 days (though some businesses do allow longer return timeframes). When a cancellation is made, the retailer must return any sums paid by the customer, including standard delivery charges (but excluding any enhanced delivery costs). As for the ASOS fees, ASOS can lawfully require customers to cover the cost of returning items, provided this was communicated before the contract...

Read More Right Arrow

View the related Practice Notes about Distance contract

PRACTICE NOTES
EU Consumer Rights Directive: definitions, scope and key obligations (information, withdrawal, pricing, delivery), with updates on online marketplaces, digital content and recent reforms (Omnibus 2019; Empowering Consumers 2024)

This Practice Note sets out a summary of Directive 2011/83/EU, the EU Consumer Rights Directive (EU CRD), together with changes brought in by Directive (EU) 2019/2161, the EU Omnibus Directive, Directive (EU) 2024/825, the EU Empowering Consumers Directive, and Directive (EU) 2023/2673, the Revised EU Distance Marketing of Consumer Financial Services Directive. It outlines the reach of the EU CRD, core definitions distinguishing distance, off-premises and other contracts, the information that must be given to consumers, and consumers’ cancellation rights (the right of withdrawal). It also addresses rules on additional payments, payment surcharges, help-lines, delivery, and the transfer of risk. This Practice Note does not deal with UK legislation. For details on UK legislation, see Practice Notes: Distance, doorstep and on-premises sales Consumer Rights Act 2015—summary Consumer Rights Act 2015—goods Payment surcharges For an overview of principal EU consumer legislation, see Practice Note: Key EU consumer legislation—summary. Key EU legislation and materials The EU CRD seeks to align and...

Read More Right Arrow
PRACTICE NOTES
Digital content under the Consumer Rights Act 2015: UK standards, pre-contract information, tiered remedies, device damage and liability limits

Practice Note: Consumer Rights Act 2015—digital content This Practice Note examines the Consumer Rights Act 2015 (CRA 2015) in the context of digital content, outlining the consumer’s statutory entitlements under CRA 2015 for contracts to supply such content. It considers the standards governing digital content and the remedies available: the right to repair or replacement, the right to a price reduction, the right to a refund, and the remedy for damage to a device or to other digital content. For a general overview of CRA 2015, including definitions of key terms such as ‘consumer’ and ‘trader’, see Practice Note: Consumer Rights Act 2015—summary. For how CRA 2015 applies to goods, services and unfair terms, see: Consumer Rights Act 2015—goods Consumer Rights Act 2015—services Consumer Rights Act 2015—unfair terms Helpful guidance on CRA 2015’s application to digital content has been provided by the Chartered Trading Standards Institute (CTSI Guidance) and the Department for Business, Energy & Industrial Strategy, now part of...

Read More Right Arrow
PRACTICE NOTES
UK consumer contracts: distance, off‑premises and on‑premises sales—CCR 2013 compliance, information and cancellation rights, digital content, additional charges, help‑line limits, enforcement and DMCCA 2024 changes

This Practice Note provides an overview of the law, guidance and practical issues under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013). These rules govern consumer contracts for goods, services and digital content, in tandem with wider consumer protection legislation. It sets out when the CCR 2013 bite; distinguishes distance, off‑premises (doorstep) and on‑premises agreements; details the information traders must supply; and outlines consumers’ rights to cancel once a contract has been made. It also addresses rules on extra charges and helplines, the implications of non‑compliance, and how the regime is enforced. While this note focuses solely on the CCR 2013, businesses should also consider other laws affecting how they trade, contract with, or otherwise engage consumers. For further detail, see Practice Note: Key consumer legislation—summary. Background The CCR 2013 implemented most of Directive 2011/83/EU, the EU Consumer Rights Directive, into UK law. The EU CRD sought to boost growth and consumer trust by harmonising a range of trader–consumer rules across the...

Read More Right Arrow

View the related Precedents about Distance contract

PRECEDENTS
B2C cancellation clauses and forms: UK precedents for distance/off‑premises goods, services and digital content under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Cancellation clauses—doorstep or distance sales contracts 1 Right to cancel 1.1 You are entitled to cancel this contract within 14 days without stating any reason. [ However, for certain goods you do not have the right to cancel, or you may lose that right in specific circumstances. This is explained further in clause 1.6 below. ] 1.2 [ The cancellation period will end 14 days after the day on which you receive, or a person you nominate receives, [ the goods OR the last good OR the last lot or piece OR the first good ] . OR 1.3 The cancellation period will end 14 days after the day on which you receive, or a person you nominate receives: 1.3.1 the goods (unless one of the options below applies to your order); or 1.3.2 the last good (if you ordered multiple goods in a single order and they are delivered separately); or 1.3.3 the last lot...

Read More Right Arrow
PRECEDENTS
Precedent: Client care confirmation letter after a distance contract—cancellation period acknowledgement and digital content consent

We hereby confirm receiving your request to commence work within the cancellation window...

Read More Right Arrow

View the related Q&As about Distance contract

Q&As
CCR 2013 cancellation exemption: made to order, existing design

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (CCR 2013), SI 2013/3134 Took effect on 13 June 2014, these rules govern the majority of agreements made between a ‘trader’ and a ‘consumer’. They set out clear general rights to cancel goods and services, including a longer ‘cooling‑off’ window for distance and off‑premises contracts—up to 14 days after delivery of the goods or conclusion of the contract (for services)—replacing the earlier seven calendar days...

Read More Right Arrow
Q&As
Contracting out of or waiving CCR 2013 cooling-off period

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) apply to agreements between a trader and a consumer made on or after 13 June 2014. Under CCR 2013, SI 2013/3134, reg 5, three forms of contract are identified: off-premises contracts — regulation 5 sets out four types of off-premises contract distance contracts on-premises contracts — defined as neither off-premises nor distance, meaning a contract concluded at business premises Contracts are further classified, in reg 5, as: sales contracts service contracts digital content contracts CCR 2013 requires the trader to provide the consumer with specified information and, in certain situations, grants a right to cancel. Where a cancellation right exists, the information supplied must include a cancellation notice in the model form, or details of how the consumer can access that form...

Read More Right Arrow