Consumer rights in cases of distance selling

Buying Goods and Services Outside of Business Premises or by Mail Order

Nowadays consumers can order and buy goods in many different ways. In addition to traditional buying in shops, consumers can order goods and services by post, telephone, fax or through the internet. Also, it is common that consumers get offers of goods outside the business premises at a recreational events, in a public transport vehicle or in the street, or suppliers visit the consumer´s dwelling or place of work or organize special shows for introduction and selling their goods and services.

For consumers it seems to be a rather convenient and an easy way to buy goods outside the business premises or by mail order, but alongside of advantages there are some threats in shopping like this. In the present booklet we introduce some consumer rights in cases of distance selling. We call consumers attention to different threats, what may accompany their shopping without meeting the seller face to face, and we give some advice, how to act in cases, when something goes wrong.

The distance selling regulations (in Estonia the Law of Obligations Act §46-62) detach two types of contracts:

A long distance contract. Typical for this contract is that it was concluded by the use of a means of distance communication, in particular the use of telephone, radio, computer, facsimile or television or the delivery of addressed or unaddressed printed matter, including a catalogue or a standard letter, to a consumer, or press advertising with an order form.
A contract negotiated away from business premises. Typical for this contract is that it was concluded in the dwelling or place of work of the consumer, or by addressing the consumer unexpectedly in a public transport vehicle or in the street, or at a recreational event organized by the supplier or a third party.

NB! The Estonian law provisions concerning contracts negotiated away from business premises do not apply to contracts where the consumer pays the charge prescribed by the contract upon entry into the contract and the amount of the charge does not exceed 15 euro.