S.I. No. 484/2013 - European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013

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

• (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 Regulation 17.

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

• (n) where the consumer exercises the right to cancel after having made a request in accordance with Regulation 21, that the consumer is liable to pay the trader reasonable costs in accordance with that Regulation;

• (o) where a right to cancel the contract does not apply under Regulation 13, the information that the consumer will not benefit from that right or, where applicable, the circumstances in which the consumer loses the right;

• (p) in the case of a sales contact, the existence of a legal obligation on the trader to supply goods that are in conformity with the contract;

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

• (r) the existence of relevant codes of practice, as defined in section 2 of the Consumer Protection Act 2007 and, where applicable, how copies of such codes can be obtained;

• (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 it;

• (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 interoperability of digital content with hardware and software of which the trader is, or can reasonably be expected to have been, aware.

• (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.

SCHEDULE 3

INFORMATION CONCERNING THE EXERCISE OF THE RIGHT TO CANCEL

A. MODEL INSTRUCTIONS FOR CANCELLATION

Right to cancel

You have the right to cancel his contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day [See Note 1].

To exercise the right to cancel, you must inform us [see Note 2] of your decision to cancel this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached cancellation form but it is not obligatory. [See note 3]

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. [See Note 4]

[See Note 5]

[See Note 6]

Notes on instructions for completion:

• (a) in the case of a service contract or a contract for the supply of water, gas or electricity not put up for sale in a limited volume or set quantity, of district heating or of digital content not supplied on a tangible medium: “of the conclusion of the contract.”;

• (b) in the case of a sales contract: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.”;

• (c) in the case of a contract relating to multiple goods ordered by the consumer in one order and delivered separately: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last of the goods.”;

• (d) in the case of a contract relating to delivery of a good consisting of multiple lots or pieces: “ on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.”;

• (e) in the case of a contract for regular delivery of goods during a defined period: “on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the first of the goods.”.

• (a) insert:

— “We will collect the goods”; or

— “You shall send back the goods or hand them over to us or [insert the name and geographical address, where applicable, of the person authorised by you to receive the goods], without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.”;

• (b) insert:

— “We will bear the cost of returning the goods.”,

— “You will bear the direct cost of returning the goods.”,

— If, in a distance contract, you do not offer to bear the cost of returning the goods and the goods, by their nature, cannot normally be returned by post: “You will have to bear the direct cost of returning the goods EUR [insert the amount].”; or if the cost of returning the goods cannot reasonably be calculated in advance: “You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately EUR [insert the amount].|”, or

— If, in an off-premises contract, the goods, by their nature, cannot normally be returned by post and have been delivered to the consumer’s home at the time of the conclusion of the contract: “We will collect the goods at our own expense.”, and

• (c) insert: “You are only liable for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning”.

In the case of a contract for the provision of services or the supply of water, gas or electricity, where they are not put up for sale in a limited volume or set quantity, or of district heating, insert the following: “If you requested to begin the performance of services or the supply of water/gas/electricity/district heating [delete where inapplicable] during the cancellation period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.”.

B. MODEL CANCELLATION FORM

[Complete and return this form only if you wish to cancel the contract.]

— To [here the trader’s name, geographical address and, where available, his fax number and e-mail address are to be inserted by the trader]:

— I/We [] hereby give notice that I/We [] cancel my/our [] contract of sale of the following goods[]/for the provision of the following service [*],

— Ordered on[]/received on [],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) [only if this form is notified on paper],

— Date

GIVEN under my Official Seal,

11 December 2013.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give effect to Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights.

Subject to a number of specified exclusions, the Regulations apply to contracts concluded between a trader and a consumer. Some of the provisions of the Regulations apply only to on-premises contracts, some only to off-premises contracts, some only to distance contracts, and some only to sales contracts.Definitions of these different types of contract are included in the Regulations.

The Regulations specify the substance and form of the information that traders must provide to consumers before the consumer is bound by a contract. In the case of distance and off-premises contracts, the trader must also provide the consumer with a copy or confirmation of the contract within a reasonable time of the conclusion of the contract.

Subject to a number of specified exclusions, the Regulations give consumers the right to cancel off-premises and distance contracts within fourteen days of the delivery of the goods in the case of sales contracts and fourteen days of the conclusion of the contract in the case of service contracts. The duration of this cancellation period is extended by up to twelve months where the trader fails to inform the consumer of the right to cancel the contract. Other provisions set out the rights and obligations of the parties in the event of cancellation.

The Regulations contain provisions regulating the fees charged by traders in respect of the use of a given means of payment and the cost of calls by consumers to customer helplines, as well as provisions governing payments by consumers additional to the remuneration agreed for the trader’s main obligation under the contract.

The Regulations amend the provisions of the Sale of Goods Act 1893 on the passing of risk, and certain of the Act’s rules on delivery, in contracts of sale where the buyer deals as consumer. The Regulations also amend the provisions of the Sale of Goods and Supply of Services Act 1980 on the supply of unsolicited goods or services to a consumer.

Footnotes