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Timing RestrictionsHandling viewer complaintsNotes of GuidanceNOG 1. ComplianceNOG 2. Recognition of AdvertisingNOG 3. Misleading AdvertisingNOG 4. Harm and OffenceNOG 5. ChildrenNOG 6. PrivacyNOG 7. Political and Controversial MattersNOG 8. Distance SellingNOG 9. Environmental ClaimsNOG 10. Prohibited CategoriesNOG 11. Medicines, Medical Devices, Treatments and HealthNOG 12. Weight Control and SlimmingNOG 13. Food, Food Supplements and Associated Health or Nutrition ClaimsNOG. 14. Financial services, products & investmentsNOG 15. Faith, religion and equivalent systems of beliefNOG 16. CharitiesNOG 17. GamblingNOG 18. LotteriesNOG 19. AlcoholNOG 20. MotoringNOG 21. Betting TipstersNOG 22. Premium Rate Telephone ServicesNOG 23. Telecommunications-based sexual entertainment servicesNOG 24. Homeworking schemeNOG 25. Instructional coursesNOG 26. Services Offering Individual Advice on Consumer or Personal ProblemsNOG 27. Introduction and dating servicesNOG 28. CompetitionsNOG 29. Private Investigations agenciesNOG 30. PornographyNOG 31. Other Categories of Radio Advertisements That Require Central Copy ClearanceNOG 32. SchedulingNOG 33. Electronic CigarettesNOG Appendix 1NOG Appendix 2NOG Appendix 3NOG Appendix 4
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NOG 8. Distance Selling

Background

Most business-to-consumer distance selling contracts are subject to the Consumer Contracts (Information, Cancellation, and Additional Charges) Regulations 2013. Contracts that wholly consist of exempt activities are not subject to the Regulations. These exemptions relate to:

  • gambling
  • banking, credit, insurance, personal pension, investment or payment services
  • the creation of or rights in immovable property
  • residential rental agreements
  • construction of new or substantially new buildings
  • foodstuffs, beverages or goods intended for regular, general household consumption
  • package holidays, tours or travel
  • certain aspects of timeshare, long-term holiday product, resale and exchange contracts

In August 2015, BCAP removed its distance selling rules after consultation. Broadcasters should seek legal advice to ensure they comply with the Regulations.

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