2.1 This instrument implements most provisions of the EU Consumer Rights Directive (the remaining provisions are implemented

in the Consumer Rights (Payment Surcharges) Regulations 2012 and the Enterprise Act 2002 (Part 8 EU Infringements) Order 2013). It will ensure that consumers and traders are clear about the bargain they are making in three main areas: information which traders should provide to consumers; cancellation rightsand responsibilities; and measures to prevent hidden costs. Together with the draft ConsumerRights Bill, these reforms constitute a fundamental reform of UK consumer rights, which will contribute to markets working more effectively, thereby driving economic growth.

http://www.legislation.gov.uk/uksi/2013/3134/schedule/4/paragraph/2/made

On the 13 June 2014 the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013 No. 3134 will come into force. Go to Regulations (pdf 360 kb)

These regulations will apply to contracts concluded on or after 13 June 2014. On this date, the Distance Selling Regulations 2000 and the Off Premises (Doorstep) Regulations 2008 will be revoked.

Where goods received are faulty or not fit for purpose or as described, consumers have different rights which are covered by separate legislation. Go to our webpage Consumer Rights Bill

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/266525/bis-13-1368-consumer-contracts-information-cancellation-and-additional-payments-regulations-guidance.pdf

The Consumer Contracts (Information

Cancellation and Additional Charges) Regulations

2013 (Regulations) cover on-premises, off-

premises and distance trader to consumer

contracts subject to certain exceptions. This

includes auctions (although there are no

cancellation rights in relation to public auctions)

and contracts for social services and healthcare

(which are not covered by the Consumer Rights

Directive (CRD)). They implement the bulk

of the CRD and will supersede the Consumer

Protection (Distance Selling) Regulations

2000 and the Cancellation of Contracts made

in a Consumer’s Home or Place of Work etc.

Regulations 2008. The superseded legislation

will still be relevant in respect of any contracts

concluded prior to the Regulations coming into

force.

• The Regulations replace the Consumer Protection (Distance Selling) Regulations 2000 (the "DSR") and the Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008.
  

 

• The Regulations extend the period from when a consumer can voluntarily withdraw from a contract (the "cooling-off period") from 7 working days to 14 calendar days. The Regulations also amend the point at which the cooling-off period commences for contracts for the sale of goods, and the maximum duration to which the cooling-off period may be extended in lieu of the trader meeting its obligation to notify the consumer of their cancellation right.
  

 

• The Regulations amend the timeframes around the provision of refunds, and provide that consumers will generally be required to return goods (or otherwise evidence such return) in order to receive a refund.
  

 

• For online services contracts, the Regulations require the consumer to make an express request before the trader can commence services during the cooling-off period, and amend the rules around the consumer waiving his or her withdrawal right during such period. There are also provisions allowing traders to be paid on a pro-rated basis if services are provided, and subsequently cancelled, during the cooling-off period.
  

Cancellation Rights for distance and off-premises contracts



Length of cooling off period -

The cooling off period during which consumers can

cancel orders for digital content, goods or services will now be 14 calendar days.

Currently, the cancellation period is 7 working days for distance sale contracts and 7

calendar days for doorstep sales contracts.



For contracts for the sale of goods, the cooling off period ends 14 calendar days after

the day on which the goods are delivered. If the goods are delivered in several

instalments then it will be 14 days from receipt of the last instalment.



For contracts for the sale of digital content (which is not on disk or another tangible

medium), the cooling off period ends 14 calendar days after the day on which the

contract is entered into.



For contracts for the sale of services, the cooling off period ends 14 calendar days

after the day on which the contract is entered into unless the consumer has expressly

requested that the services commence before then and has waived his cancellation

right.



Standard cancellation form

– The Regulations contain a model cancellation form

which can be used to notify consumers of their right to cancel before they enter into

distance or off-premises contracts, but a trader can use its own wording if it chooses

provided such wording is clear.

 

Inertia selling



The Regulations protect consumers from unsolicited sales and additional charges

which have not been agreed in advance.



In such cases, the consumer is not required to pay for the unsolicited supply of

products. Similarly, the consumer is not required to pay additional charges unless he

gave express consent to such charges before the contract was concluded.

Helpline charges



Where a trader offers consumers a helpline for queries concerning goods, services

and/or digital content which the consumer has purchased, calls to such helpline by the

consumer must only be charged for at the basic rate.