Q&As

A client initially receives customer enquiries via their website or by telephone/e-mail. Some customers attend the client's showroom to see equipment samples. The client then visits the customer's home to help scope out the required work. An estimate is then provided to the customer via e-mail. A contract is then entered into, usually via telephone/e-mail, but sometimes in the customer's home. Would these arrangements give rise to off-premises contracts, distance contracts and/or on-premises contracts?

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Published on LexisPSL on 26/06/2017

The following Commercial Q&A provides comprehensive and up to date legal information covering:

  • A client initially receives customer enquiries via their website or by telephone/e-mail. Some customers attend the client's showroom to see equipment samples. The client then visits the customer's home to help scope out the required work. An estimate is then provided to the customer via e-mail. A contract is then entered into, usually via telephone/e-mail, but sometimes in the customer's home. Would these arrangements give rise to off-premises contracts, distance contracts and/or on-premises contracts?
  • Distance and off-premises contracts
  • Definitions
  • Exclusions
  • Right to cancel
  • On-premises contract

For the purposes of this Q&A we have limited our research to cover the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013).

See Practice Note: Distance, doorstep and on-premises sales which summarises the law, guidance and practice relating to the CCR 2013 and explains when they apply, what information must be provided to the consumer and when, and what the consumer’s rights to cancel are once a distance selling contract has been concluded. The CCR 2013 apply to contracts for goods, services and digital content that are made by means of distance communication, doorstep contracts and on-premises contracts. For further information, see Practice Note: Consumer Rights Directive—summary.

Distance and off-premises contracts

Part 3 of the CCR 2013 deals with the right to cancel for both distance and off-premises contracts. It is therefore necessary to determine whether the scenario falls within any of these categories.

Definitions

A ‘distance contract’ means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is

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