| Commentary

290.3 Right to a refund

| Commentary

290.3 Right to a refund

The entitlement to the refund works as follows:

  1. 290.3.1

        where the consumer paid money under the contact, she is entitled to receive back the same amount of money;

  2. 290.3.2

        where the consumer transferred anything else under the contract, she is entitled to receive back what she transferred;

  3. 290.3.3

        to the extent that the same amount of the same thing cannot be substituted for what the consumer transferred under the contract then:

    1. (a)

          the consumer is entitled to receive back in its original state whatever the consumer transferred; or

    2. (b)

          if what was transferred cannot

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