Q&As

Can a consumer contract out of, or waive their right to, a cooling-off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134?

read titleRead full title
Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 22/02/2019

The following Commercial Q&A produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • Can a consumer contract out of, or waive their right to, a cooling-off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134?
  • The right of cancellation
  • Loss of right to cancel
  • Waiver of the right to cancel
  • Summary

Can a consumer contract out of, or waive their right to, a cooling-off period under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134?

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) apply to contracts between a trader and consumer entered into after 13 June 2014.

The CCR 2013 deals with three types of contracts, as defined in CCR 2013, SI 2013/3134, reg 5:

  1. off-premises contracts—there are four types of off-premises contract as defined in regulation 5

  2. distance contracts

  3. on-premises contracts—this is defined as neither an off-premises contract nor a distance contract which, in effect, means a contract made on business premises

Contracts are divided into the following categories, as defined in CCR 2013, SI 2013/3134, reg 5:

  1. sales contracts

  2. service contracts

  3. digital contents

The CCR 2013 provides that specific information must be given to the consumer and confers a right of cancellation in certain cases. If a right of cancellation exists, the requisite information must include a cancellation notice in the model form or information as to how to access such form.

The right of cancellation

A consumer who does not wish to proceed with the contract has the following options:

  1. withdrawal from the contract (available before the contract is concluded)

  2. cancellation of the contract (available after the contract is concluded)

The consumer does not have a right to cancel under

Related documents:

Popular documents