Consumer Contract Regulations 2013

34.—1. Subject to paragraph 10, the trader shall reimburse all payments received from the consumer, with the exception of payments for delivery. 2. The information and any withdrawal form shall be provided on paper or, if the consumer consents, on another durable medium and shall be legible. Exceptions There are some contracts where you are not allowed to cancel a service. For example, hotel reservations, flights, rental cars, concerts and other event tickets or when the dealer performs urgent repairs or maintenance work. (b)where there is a right of withdrawal, a withdrawal form in accordance with Part B of Annex 3 shall be provided to the consumer. (b)a person other than the carrier identified by the consumer for the purpose of taking possession of it. 2. Where the consumer is required to pay by contract, the trader shall draw the consumer`s attention in a clear and unambiguous manner and immediately before placing an order on the information listed in points (a), (f), (g), (h), (s) and (t) of Annex 2. (d)the payment to be made by the consumer does not exceed £170. 18.Effects of non-provision of information on the contract 12.Provision of a copy or confirmation of off-premises contracts (2) This Part does not apply to contracts to the extent that they – (2) where a trader is informed of a decision by a consumer in accordance with Article 32(1) or (2); withdraw an offer or terminate a contract, the entrepreneur must inform any other entrepreneur with whom the consumer has an ancillary contract terminated by paragraph 1.

(4) The third condition is that the contract confirmation issued in accordance with Rule 12 contains the information required under Rule 10(1). 19.—1. A trader shall be guilty of a criminal offence if he concludes an off-premises contract to which Rule 10 applies, but fails to provide the consumer with the information listed in points (l), (m) or (n) of Paragraph 2 of Annex 2 in accordance with this Regulation. a contract concluded during an excursion organised by the trader for the purpose or effect of promoting and selling goods or services to the consumer; 4. This Part shall not apply to off-premises contracts where the payment to be made by the consumer does not exceed £42. 7. The trader shall make the refund using the same means of payment as that used by the consumer for the initial transaction, unless the consumer has expressly agreed otherwise. (3) If the contract is a contract of sale and none of subsections (4) to (6) applies, the withdrawal period ends at the end of 14 days after the day the goods come into physical possession of – (a) Regulation 34 (3) (if the consumer has chosen an increased delivery); 17.La burden of proof in respect of off-premises and distance contracts concluded (c)concluded for the use of a single telephone, internet or fax connection and concluded by a consumer; (2) In order to terminate a contract in accordance with Rule 29(1), the consumer must inform the trader of the decision to terminate it. 29.—(1) The consumer may terminate a distance or off-premises contract at any time within the withdrawal period without giving reasons and without liability, except under these provisions – `off-premises contract` means a contract between a trader and a consumer who is one of those contracts – (2) The withdrawal period begins at the conclusion of the contract and ends in accordance with Rule 30 or 31. 32.—(1) In order to withdraw an offer to conclude a distance contract or an off-premises contract, the consumer must inform the trader of the decision to terminate that contract. The information referred to in Rule 10(1) and Article 13(1) is (subject to the addendum at the end of this Annex) — 40.—1.

In the case of a contract between a trader and a consumer, no payment shall be due in addition to the agreed remuneration for the trader`s main obligation, unless the consumer has been bound by the contract: the entrepreneur has obtained the express consent of the consumer. (t)where applicable, the minimum duration of the consumer`s contractual obligations; (2) The consumer is exempt from any obligation of consideration for the products delivered by the entrepreneur. (b)in the case of an off-premises contract, the goods were delivered to the consumer`s home at the time of conclusion of the contract and, by their nature, could not normally be returned by post. (2) The entrepreneur shall reimburse any payment for the delivery received from the consumer, unless the consumer has expressly chosen a delivery method that costs more than the cheapest usual and generally acceptable delivery method offered by the entrepreneur. 13.—(1) Before the consumer is bound by a distance contract, the entrepreneur — The Consumer Contract Code also gives you significant termination rights if you enter into distance contracts by telephone, online, from a catalogue or in person with someone who has visited your home, for example. (h)the provision of accommodation, the transport of goods, the rental of vehicles, catering or services related to leisure activities, where the contract provides for a specific date or period of performance. You must provide this information to the consumer at the latest when the goods are delivered (so that you can include them in the package with the goods), before the start of the provision of the service or, in the case of digital content that is not on a physical medium, within a reasonable time (which may mean that it has been sent but not received, B. before the start of the digital download). (b)otherwise, the consumer must pay to the trader.

If a consumer does not give consent, he must wait until the expiry of the withdrawal period before being able to download the digital content. The Regulation entered into force on 13 June 2014 and applies to contracts concluded on or after that date. (o)where there is no right of withdrawal or the right of withdrawal may be lost in accordance with Rules 28, 36 or 37, information that the consumer will not have a right of withdrawal or the circumstances in which he loses his right of withdrawal; (a)on the basis of the total price agreed in the contract, or (8) the trader may not impose a refund fee on the consumer. Part 5 contains provisions on the supply of goods and the transfer of risk from the trader to the consumer. Rule 42 contains provisions relating to the supply of goods. It stipulates that the goods must be delivered immediately and, in any case, no later than 30 days after the conclusion of the contract. This applies unless the entrepreneur and the consumer have concluded different agreements, including in cases where there is an obligation to deliver the goods at the time of conclusion of the contract. Article 43 deals with the transfer of risks from the trader to the consumer in relation to sales contracts. (e)where it differs from the address indicated in accordance with point (c), the geographical address of the trader`s establishment and, where the trader is acting on behalf of another trader, the geographical address of the establishment of that other trader where the consumer can deal with complaints; Part 4 of the Regulations contains provisions to protect against unsolicited sales and additional charges that have not been expressly agreed in advance. Regulation 39 introduces a new provision in the Unfair Commercial Practices Consumer Protection Regulations 2008 that states that a consumer does not have to pay for the unsolicited delivery of products.

Article 40 stipulates that a consumer is not obliged to make payments in addition to the payments agreed for the trader`s main obligation, unless the consumer has expressly consented to this before the conclusion of the contract. Article 41 provides that if the trader operates a telephone line through which consumers can contact them about a contract concluded with the trader, the consumer is not to be required to pay more than the basic tariff for those telephone calls. 7.—1. Subject to paragraphs 2, 3 and 4 and Rule 6, this Part shall apply to off-premises, off-premises and distance contracts. 3. With the exception of Rule 14. (1) to (5), this Part shall not apply to contracts in so far as they relate to passenger transport services. (a)at the latest at the time of delivery of the goods delivered under the contract and Part 3 of the Regulation, contains provisions on the right of a consumer to terminate an off-site or off-premises contract without giving reasons or incurring costs other than those indicated. Article 29 defines the right of withdrawal. Article 30 provides for a withdrawal period of 14 days, which is calculated according to the type of contract from the date of conclusion of the contract or the date of delivery. Article 31 provides that the withdrawal period may be extended to 12 months if the trader does not provide the consumer with the information on the right of withdrawal referred to in Annex 2. Article 34 obliges the entrepreneur to reimburse the consumer within 14 days of the notice of withdrawal or within 14 days of the return of the goods or proof of return; the entrepreneur may deduct from the refund an amount reflecting the depreciation of the goods caused by unnecessary handling by the consumer.

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