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The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

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Regulation 9(1)

SCHEDULE 1Information relating to on-premises contracts

The information referred to in regulation 9(1) is—

(a)the main characteristics of the goods or services, to the extent appropriate to the medium of communication and to the goods or services;

(b)the identity of the trader (such as the trader’s trading name), the geographical address at which the trader is established and the trader’s telephone number;

(c)the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated;

(d)where applicable, all additional delivery charges or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

(e)where applicable, the arrangements for payment, delivery, performance, and the time by which the trader undertakes to deliver the goods or to perform the service;

(f)where applicable, the trader’s complaint handling policy;

(g)in the case of a sales contract, a reminder that the trader is under a legal duty to supply goods that are in conformity with the contract;

(h)where applicable, the existence and the conditions of after-sales services and commercial guarantees;

(i)the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;

(j)where applicable, the functionality, including applicable technical protection measures, of digital content;

(k)where applicable, any relevant compatibility of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.

Regulations 10(1) and 13(1)

SCHEDULE 2Information relating to distance and off-premises contracts

The information referred to in regulations 10(1) and 13(1) is (subject to the note at the end of this Schedule)—

(a)the main characteristics of the goods or services, to the extent appropriate to the medium of communication and to the goods or services;

(b)the identity of the trader (such as the trader’s trading name);

(c)the geographical address at which the trader is established and, where available, the trader’s telephone number, fax number and e-mail address, to enable the consumer to contact the trader quickly and communicate efficiently;

(d)where the trader is acting on behalf of another trader, the geographical address and identity of that other trader;

(e)if different from the address provided in accordance with paragraph (c), the geographical address of the place of business of the trader, and, where the trader acts on behalf of another trader, the geographical address of the place of business of that other trader, where the consumer can address any complaints;

(f)the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated,

(g)where applicable, all additional delivery charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

(h)in the case of a contract of indeterminate duration or a contract containing a subscription, the total costs per billing period or (where such contracts are charged at a fixed rate) the total monthly costs;

(i)the cost of using the means of distance communication for the conclusion of the contract where that cost is calculated other than at the basic rate;

(j)the arrangements for payment, delivery, performance, and the time by which the trader undertakes to deliver the goods or to perform the services;

(k)where applicable, the trader’s complaint handling policy;

(l)where a right to cancel exists, the conditions, time limit and procedures for exercising that right in accordance with regulations 27 to 38;

(m)where applicable, that the consumer will have to bear the cost of returning the goods in case of cancellation and, for distance contracts, if the goods, by their nature, cannot normally be returned by post, the cost of returning the goods;

(n)that, if the consumer exercises the right to cancel after having made a request in accordance with regulation 36(1), the consumer is to be liable to pay the trader reasonable costs in accordance with regulation 36(4);

(o)where under regulation 28, 36 or 37 there is no right to cancel or the right to cancel may be lost, the information that the consumer will not benefit from a right to cancel, or the circumstances under which the consumer loses the right to cancel;

(p)in the case of a sales contract, a reminder that the trader is under a legal duty to supply goods that are in conformity with the contract;

(q)where applicable, the existence and the conditions of after-sale customer assistance, after-sales services and commercial guarantees;

(r)the existence of relevant codes of conduct, as defined in regulation 5(3)(b) of the Consumer Protection from Unfair Trading Regulations 2008, and how copies of them can be obtained, where applicable;

(s)the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;

(t)where applicable, the minimum duration of the consumer’s obligations under the contract;

(u)where applicable, the existence and the conditions of deposits or other financial guarantees to be paid or provided by the consumer at the request of the trader;

(v)where applicable, the functionality, including applicable technical protection measures, of digital content;

(w)where applicable, any relevant compatibility of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of;

(x)where applicable, the possibility of having recourse to an out-of-court complaint and redress mechanism, to which the trader is subject, and the methods for having access to it.

Note: In the case of a public auction, the information listed in paragraphs (b) to (e) may be replaced with the equivalent details for the auctioneer.

Regulations 10 and 13

SCHEDULE 3Information about the exercise of the right to cancel

Regulation 47

SCHEDULE 4Consequential amendments

Unsolicited Goods and Services Act 1971

1.  In section 6 of the Unsolicited Goods and Services Act 1971 (interpretation)(1), for subsection (3) substitute—

(3) Nothing in section 3 or 3B affects the rights of any consumer under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Consumer Credit Act 1974

2.  In section 74 of the Consumer Credit Act 1974 (entry into credit or hire agreements: exclusion of certain agreements)(2), for subsection (2A) substitute—

(2A) In the case of an agreement to which Part 2 or 3 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 applies, the reference in subsection (2) to a small agreement is to be read as if in section 17(1)(a) and (b) “£42” were substituted for “£50”.

Companies Act 1985

3.  In paragraph 26 of Schedule 15D to the Companies Act 1985 (company investigations: disclosure for purposes of enforcement authority under Regulations)(3), for “the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334)” substitute “the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013”.

Financial Services (Distance Marketing) Regulations 2004

4.  In regulation 11(1) of the Financial Services (Distance Marketing) Regulations 2004 (exceptions to right to cancel under those regulations)(4), for paragraph (e) substitute—

(e)a credit agreement terminated under regulation 50(1) of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (automatic termination of related agreements)”.

Supply of Extended Warranties on Domestic Electrical Goods Order 2005

5.  In article 2 of the Supply of Extended Warranties on Domestic Electrical Goods Order 2005(5), for the words from “distance contracts” to the end substitute “distance or off-premises contracts to which Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EC and Directive 97/7/EC of the European Parliament and of the Council applies.”

Companies Act 2006

6.  In the following provisions of the Companies Act 2006 (provisions permitting disclosure of information for purposes of enforcement authority under Regulations)(6), for “the Consumer Protection (Distance Selling) Regulations 2000 (SI 2000/2334)” substitute “the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013”—

(a)Schedule 2, Part 2, paragraph 34;

(b)in Schedule 11A, paragraph 49.

Waste Electrical & Electrical Equipment Regulations 2006

7.  In regulation 2 of the Waste Electrical & Electrical Equipment Regulations 2006(7), in the definition of “producer”—

(a)omit the words from “in accordance with” to “distance contacts”;

(b)at the end insert—

(and distance communication here has the same meaning as in Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EC and Directive 97/7/EC of the European Parliament and of the Council;).

Legislative and Regulatory Reform (Regulatory Functions) Order 2007

8.—(1) In the Schedule to the Legislative and Regulatory Reform (Regulatory Functions) Order 2007 (functions to which sections 21 and 22 of the Legislative and Regulatory Reform Act 2006 apply)(8)—

(a)in Part 3, omit “Consumer Protection (Distance Selling) Regulations 2000” and “Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008”;

(b)in Part 6, omit “Consumer Protection (Distance Selling) Regulations 2000”;

(c)in Parts 3 and 6, insert in the appropriate place “Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013”.

Consumer Protection from Unfair Trading Regulations 2008

9.  In Schedule 1 to the Consumer Protection from Unfair Trading Regulations 2008(9), omit paragraph 29.

Payment Services Regulations 2009

10.—(1) In regulation 62 of the Payment Services Regulations 2009 (payer’s liability for unauthorised payment transaction)(10), for paragraph (4) substitute—

(4) In paragraph (3)(c)—

“distance contract” means a distance contract as defined by regulation 5 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

“excepted contract” means a contract that—

(a)

falls to any extent within regulation 6(1) of those Regulations, or

(b)

falls within regulation 6(2) of those Regulations.

Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009

11.  In Part 2 of Schedule 1 to the Co-ordination of Regulatory Enforcement (Regulatory Functions in Scotland and Northern Ireland) Order 2009 (functions specified for the purposes of Part 2 of the Regulatory Enforcement and Sanctions Act 2008)(11), for “Consumer Protection (Distance Selling) Regulations 2000” substitute “Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013”.

Waste Batteries and Accumulators Regulations 2009

12.  In regulation 2 of the Waste Batteries and Accumulators Regulations 2009(12), in the definition of “producer”—

(a)omit the words from “as defined in” to “distance contacts”;

(b)at the end insert—

(and distance communication here has the same meaning as in Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EC and Directive 97/7/EC of the European Parliament and of the Council;).

Unsolicited Services (Trade and Business Directories) Act (Northern Ireland) 2010

13.  In section 1(2) of the Unsolicited Services (Trade and Business Directories) Act (Northern Ireland) 2010 (control of charges for directory entries)(13), for “the Consumer Protection (Distance Selling) Regulations 2000 (No. 2334)” substitute “the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013”.

Postal Services Act 2011 (Disclosure of Information) Order 2012

14.  In regulation 4 of the Postal Services Act 2011 (Disclosure of Information) Order 2012 (prescribed enactments for disclosure of information)(14)—

(a)omit “the Consumer Protection (Distance Selling) Regulations 2000”;

(b)at the appropriate place insert “the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, so far as they apply to distance contracts;”.

Consumer Rights (Payment Surcharges) Regulations 2012

15.—(1) The Consumer Rights (Payment Surcharges) Regulations 2012(15) are amended as follows.

(2) In regulation 2, for the definition of “trader” substitute—

“trader” means a person acting for purposes relating to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

(3) In regulation 3

(a)in the appropriate place insert—

“business” includes the activities of any government department or local or public authority;.

(b)in the definition of “sales contract” for “(whether or not the contract also covers services)” substitute “, including any contract that has both goods and services as its object”.

Enterprise Act (Part 8 Domestic Infringements) Order 2013

16.  The Enterprise Act (Part 8 Domestic Infringements) Order 2013(16) is revoked.

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