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Wednesday, 10 February 2010

Distance selling regulations

Since much of the buying and selling of investment grade wines is done over the phone or by email, most of these transactions within the European Union are covered by the 2000 Distance Selling Regulations

These regulations give the buyer useful protection and can be viewed here: http://www.opsi.gov.uk/si/si2000/20002334.htm In particular they give the buyer the right of cancellation.  Assuming that the buyer has been properly advised as to their rights, the period of cancellation starts on the day the contract is concluded and ends seven working days after the day the goods have been delivered.  This will either be to the buyer or to an appointed third party, for example a bonded warehouse. If the buyer is not advised or is incorrectly advised then the period of cancellation is very considerably extended after the goods have been received.

Although the regulations have been in force since 2000, some companies appear not to be fully cognisant as this example shows:
 
'2.3 The Customer has a right to cancel an order. The Customer can do this by sending to CULT WINES LTD a written notice of cancellation within 7 days of payment being received into CULT WINES LTD's bank account. If the Customer cancels the order, then any money that has been paid to CULT WINES LTD will be returned by CULT WINES LTD.'

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7.3.2010: I'm pleased to note that Cult Wines Ltd has now amended their terms & conditions to bring this clause into line with the Distance Selling Regulations. 2.3 now reads:


2.3 The Customer has a right to cancel an order. The Customer can do this by sending to CULT WINES LTD a written notice of cancellation during the period of cancellation as set out by the 2000 Distance Selling Regulations. This starts on the day the contract is concluded and ends seven working days after the goods have been delivered to the buyer or to an appointed third party, for example a bonded warehouse. If the Customer cancels the order, then any money that has been paid to CULT WINES LTD will be returned by CULT WINES LTD.

 

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