Quote Originally Posted by pearlescence View Post
The issue comes down to when the contract is formed. To discover that would require an examination of the process you go through in negotiations from invitation to treat to offer and then acceptance. It depends on who makes the final offer and who accepts it - do you with your letter detailing what you will do or does the client when they send money? It may be that in your case you are negotiating outside the website altogether in which case the DSRs may not apply.
(Note that the two websites are not official OFT websites, they are solicitors', and generalised and not legally in any way authoritative (dangers of googling law stuff without legal training)
I used to teach contract and European law at university
they are generalised of course, but they paraphrase the regs and in relation to having to list a geographic address the regulations are very clear that the 'pre-contractual information' which a geographic address forms part of, must be in a durable form and be given "before goods or services are received by the consumer" (3.1 (vi) in the document myosotis linked, my emphasis).

As information on a website, according to the same doc, is not considered 'durable' then those of us who include our geographic addresses as part of the pre-contractual information via an email or paypal invoice, are not in breach.

In my case, as I only sell online, but even if the negotiations are done via email as is usually my case, I would have thought DSR would actually still apply?

I think it's really useful that this issue has been raised and it's been educational. It's certainly made me look into my returns policy (or more precisely the fact that I don't currently have an official returns policy!) because that is one area where I am in breach due to lack of information. I am now confident that with regard to not displaying a geographic address on my website at least, I'm OK.