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Avoiding the Pitfalls Of Distance Contracts

  • Datalaw Admin
  • Jul 10, 2019
  • 0 comment(s)

Contracts often involve a solid agreement between two parties, with both parties having a common ground or consensus wherein they have both signed and sealed a particular deal. Sometimes these contracts can be done by two or more parties who are away From each other, they may be living in different countries, state, or metropolis. Distance contract or off-premise contracts is often concluded between a consumer and a trader under a given set of service policy scheme which guides and control the contract terms. In the absence of the consumer and the trader, the use of one or more method of distance communication as a means of reaching both parties is employed. A distance contract is one done without a physical presence or a face to face presence of both parties say between a trader and a potential consumer or clients, these contracts can be done for example by the use of phones telephones, the internet, posts or via any other possible means.

A contract cannot be classified as a distance type if:

•    It  can be entered or conducted on an occasional basis outside the axioms or norms of an organised commercial structure overseeing the conclusion and inception of such a distance contract

•    There is intermediary acting on behalf of the trader and consumer, with the intermediary showing a physical presence at the different stages before the completion of the contract.

•    The product involved in the distance contract is to be considered by sealing, this is necessary because the consumer contracts regulations apply differently to different products or services involved. There are regulations guiding goods and services sold as a package which is to be used as the product in the long-distance contract. For the types of services offered under a long distance contract, there are other sets of rules guiding services like as these; a personal trainer or organiser, a legal practitioner, a doctor or psychologist.

For contracts involving distance selling, there are selling regulations that protect consumer rights when it comes to matters of buying products from a distance store or from an online platform. The seller to this end must supply the following pertaining to the goods and services involve in the selling contracts:

I.    The actual price of the goods or services offered

II.    The cost of delivering the goods and the right to cancellation offered to the consumer on an order placed.

III.    The time limit or duration within which the contract is valid

IV.    The information of the seller offering the products or services

V.    The description of the types of goods and services involved

This information is to be provided by the trader or seller in a clear and we’ll formatted format by any means of communication with the confines of the contract, be it by phone, via term and conditions of a website or an app store. The seller involves in the long distance contracts must also include an accurate geographical location or address if payment is involved. The distance selling regulations also makes it possible for the consumer the rights of cancelling an order placed for goods, this right start from the moment the order is placed and ends after seven working days as counted from the moment the goods were received seven days is the legally viable period of any cancellations that are to made. If a consumer wishes to cancel an order, a notification is to be sent to the trader or supplier by any means within the long distance trading contract s. There are contracts that cannot just be cancelled even if the consumer changes his/her mind, contracts such as transportation or other leisure services which has already be provided on the specified date and time, examples of such services include; event and concert tickets, booking for a hotel, booking for a flight and the likes.

Under the confines of the consumer right protection law, a distance contract is defined as an agreement between a supplier and a consumer from a different location with the use of any of the long-distance communication channels. Under these regulations, some requirements are excluded under the contracts, these include; tourism services, recreational time services, services intended for immediate use, purchase done from a vending machine, purchase made for immovable properties and the likes.

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