Background Briefing

Distance Selling



Shopping from home, whether by catalogue, mail order or through the Internet,is on the increase.  The ASA administers the CAP Code, which contains explicit rules dealing with distance selling.

SUMMARY OF THE RULES

 * The delivery date for mail order transactions should be no more than 30 days. Goods such as plants and made-to-measure products may take longer but this should be clearly indicated in the advertisement.  If there is a delay in the fulfilment of an order and the customer wishes to be reimbursed, the advertiser must provide a full refund.

* The full name and address of the advertiser should be given outside any response coupon that needs to be sent off so that a record can be kept by the customer.
 
* The product received by the consumer should be accurately described in the advertisement; the advertiser is obliged to return any money paid if the goods do not conform to their description.

* If unwanted goods are returned - undamaged - within seven working days, the advertiser must send a full refund to the customer.  Exemptions from this rule are perishable, personalised or made to measure products.

MAIL ORDER DELAY
If goods are not received within 30 days the advertiser should be contacted to make sure there has been no misunderstanding over the order.

The publishers of the newspaper or magazine in which the advertisement appeared may also be able to help.  They have a responsibility to ensure that advertisers have made arrangements to handle orders efficiently.  The National Newspapers' Safe Home Ordering Protection Scheme (SHOPS) provides compensation to consumers who have bought directly from ads or catalogues that have been inserted in national newspapers (www.shops-uk.org.uk).

There is also a Mail Order Traders Association which operates a code of practice for its members and their customers (www.mota.org.uk)

If no satisfactory result is achieved, the ASA's intervention can often help to secure the goods or a refund for the complainant.  Where the problem relates to compensation or a contractual dispute consumers should contact their local Trading Standards department.

Details of mail order complaints that have been resolved by the ASA are published in the Adjudications section of our website.            

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