Q&As

Do the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide cancellation rights for second hand goods and gift vouchers, and do the regulations apply to consumers overseas?

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Published on LexisPSL on 09/10/2015

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

  • Do the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provide cancellation rights for second hand goods and gift vouchers, and do the regulations apply to consumers overseas?
  • Does a consumer have a cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for second hand goods?
  • Does a consumer have a cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for gift vouchers and credit vouchers?
  • Do the regulations apply to consumers overseas?

Does a consumer have a cancellation right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 for second hand goods?

The definition of ‘goods’ under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations SI 2013/3134 (the Regulations) is as follows (see SI 2013/3134, s 5):

“goods” means any tangible moveable items, but that includes water, gas and electricity if and only if they are put up for sale in a limited volume or a set quantity;

The definition does not distinguish between ‘new’ or ‘second hand’ goods or otherwise and there is nothing providing that new or second hand goods are not exempt in any of the exclusions in SI 2013/3134, Part 3. That said, exclusions which may be of particular relevance for second hand goods would be:

  1. off-premises contracts under which the payment to be made by the consumer is not more than £42, SI 2013/3134, s 27(3)

  2. contracts concluded at a public auction SI 2013/3134, s 28(1)(g):

For completeness, you may also be interested to read the European Commission guidance concerning Directive 2011/83/EU, which comments that:

…the Directive does not seem to apply to contracts under which it is

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