Distance Sales Agreement

A Distance Sales Agreement, also known as a Distance Selling Contract or a Distance Selling Agreement, is a legal contract between a seller and a consumer in a situation where the parties are not physically present together during the sales transaction. This type of agreement typically applies to online purchases, telephone orders, or any sales where the consumer does not have direct face-to-face contact with the seller. The agreement is designed to protect the consumer's rights and provide them with certain protections when making purchases from a distance.

Here are the key elements typically included in a Distance Sales Agreement:

  1. Parties: Clearly state the names and contact information of the seller (e.g., company name, address, contact details) and the consumer (buyer).

  2. Definitions: Define key terms used throughout the agreement, such as "product," "delivery," "price," "consumer," "seller," etc.

  3. Offer and Acceptance: Specify how the consumer can place an order and how the seller accepts the order. This may involve online order forms, telephone orders, or other means.

  4. Product Description: Provide a detailed description of the product or service being sold, including specifications, features, quantity, and any applicable warranties.

  5. Price and Payment Terms: State the total price of the product or service, including taxes and any additional fees. Explain the payment methods accepted and the timeframes for payment.

  6. Delivery Terms: Clearly outline the terms of delivery, including the shipping method, delivery timeframe, and any associated costs.

  7. Right of Withdrawal/Return: Inform the consumer about their right to withdraw from the contract within a specified period (usually a cooling-off period) and how to exercise this right. Include details about the return process and any applicable restocking fees.

  8. Consumer's Obligations: Specify any obligations or responsibilities the consumer has, such as providing accurate information for delivery, payment, or registration.

  9. Seller's Obligations: Outline the seller's responsibilities, including delivering the product, providing customer support, and handling any complaints or issues.

  10. Data Protection and Privacy: Address how the seller will handle and protect the consumer's personal data and information, in compliance with relevant data protection laws.

  11. Governing Law and Jurisdiction: State the governing law that applies to the agreement and the jurisdiction where any disputes will be resolved.

  12. Amendments and Modifications: Explain how any changes to the agreement will be communicated and how they will be binding on both parties.

  13. Signatures: Include a section for the signatures of both the seller and the consumer, confirming their acceptance of the terms and conditions of the agreement.

A well-drafted Distance Sales Agreement helps to establish a clear understanding between the seller and the consumer, ensuring a smooth and legally compliant sales process. It is important for both parties to read and understand the terms of the agreement before entering into the transaction.