Help with Distance Selling Regulations

[baseage]

We are a new business and want to know if the Distance Selling Regulations apply to us. Our business resells other companies training courses like Microsoft, Cisco, IBM and others. Our business acts like a middle man between client and provider.

Most of the transaction is done online and when the client finishes the order, we are notified and then we generate an invoice and send this to the client for payment. the client then has 30 days before the course commencement to pay for the course. Because the payment isnt taken online (Credit Card) then i believe that the regulation doesnt apply.

In agreements with the providers, if the client wants to cancel an order, we have to give 20 days notice otherwise the provider will deduct a percentage of the fee. This is obversley an issue for us, if the regulation does apply as they have up to 14 days to cancel the order.

Any help would be great

 

[Charlie B ACS]

Are you selling B2B, or are you selling to consumers?

 

[baseage]

both

 

[Charlie B ACS]

The DSR will not apply to B2B transactions.

For Consumer transactions I think it will, and you will need more specialist advice.

 

[baseage]

ok thanks for your help.

 

[IanG]

B2C only.

Payment online or otherwise, doesn't matter. The regulations exist to give rights to consumers who are not there to inspect. The means of payment doesn't alter that.

Having said that, there are a number of exceptions which you can rely on and you should pay particular attention to 8.3 and 13.1(a).

http://www.legislation.gov.uk/uksi/2000/2334/pdfs/uksi_20002334_en.pdf

I'm also curious as to whether you need to go and buy the course immediately after the customer orders from you? Delaying that would get their statutory period out of the way before entering your own agreement with the supplier.