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

Introduction

If you are a trader selling goods, services or digital content to a consumer, these Regulations are likely to apply to you and are effective from 13th June 2014. The Distance Selling Regulations 2000 and Off-Premises (Doorstep) Regulations 2008 will be revoked.

Key Requirements

The Regulations include the following provisions:

1. Distance and Off-premises Contracts
   

2. An increase in the statutory cooling-off period (allowing consumers to change their minds for any reason after ordering the goods/services, subject to certain exceptions) to 14 calendar days;

3. Consumers must return items within 14 days of cancellation;

4. Traders will be able to withhold refunds until goods are returned (or evidence of return is provided) and they can reduce the amount of money refunded for goods returned which show evidence of use beyond the handling necessary to see whether the goods are as expected;

5. Traders must refund within 14 days of cancellation of service contract or receipt of goods (or of evidence of the consumer returning them);

6. Where the consumer cancels a contract, any ancillary contract (such as a warranty or credit agreement) is automatically cancelled;

7. The labelling of order buttons must make it clear to consumers that by placing their order for goods they are under an obligation to pay for them.

8. Consumer Contracts Generally
   

9. All goods must be delivered without undue delay and within 30 days (unless otherwise agreed with the consumer);

10. Risk in goods is to remain with the trader until they are in the physical possession of the consumer (unless the consumer chooses their own carrier that is not recommended by the trader);

11. Traders will need the active consent of the consumer for all payments, eg pre-ticked boxes for additional payments will no longer be permitted;

12. Where traders offer telephone helplines for consumers to contact them about something they have bought, there should be a number available on which the consumer can call for this purpose at no more than the basic rate;

13. Depending upon whether the contract for sale is ‘on-premises’, ‘off-premises’ or at a ‘distance’, traders must supply certain information about the contract.

Finally

The above is a summary and a list of key provisions contained within the Regulations but it is not exhaustive. Traders supplying goods or services to consumers may want to review their terms and conditions along with their websites.

This should not be relied upon for legal advice. If you would like any further information or advice please email richard@clariclegal.co.uk.