Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
For the purposes of the Code, distance selling marcoms are the final written advertised stage in the process that allows consumers to buy products or services without the buyer and seller meeting face-to-face. Marketers should pay due attention to distance-selling legislation.
Unless obvious from the context, distance-selling marketing communications should include a range of important information, for example a full description of the product, the total amount payable (including, for example, VAT and delivery charges) and the marketer’s contact details (sometimes the full name and geographical address is needed but sometimes the full name and a telephone number will suffice). Rule 9.2 contains a list of the information distance-selling marcoms should include.
Rule 9.3 includes a list of the information that should be provided at or before goods are delivered or services begin (for example, how consumers can exercise their right to cancel).
Marketers should generally take no longer than 30 days to fulfill orders. Rule 9.4 lists the few occasions when they need not.
Marketers must refund money promptly (within 30 days) if, for example, goods are not received, are delivered damaged or not as described, if the marketer offers an unconditional money-back guarantee or if consumers cancel the order within seven clear working days after receipt. Marketers should refer to Rule 9.5 for when they should refund monies and Rule 9.6 for a list of occasions when they need not provide a refund (for example, for perishable, personalised or made-to-measure goods). Marketers should be aware that, if it receives a complaint about non-receipt of goods, the ASA may ask to see evidence of delivery or refund.
The ASA often resolves complaints made under the Distance Selling clauses of the Code informally but will investigate formally if marketers do not co-operate.
Last modified : 29 June 2010