Q&As

Does the 14-day cooling off period under the  Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 3134/2013 apply to computer equipment which has been opened and the manufacturer's seal broken?

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Published on LexisPSL on 26/02/2018

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

  • Does the 14-day cooling off period under the  Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 3134/2013 apply to computer equipment which has been opened and the manufacturer's seal broken?
  • The Consumer Contracts Regulations 2013
  • Types of contracts under the Consumer Contracts Regulations 2013
  • The consumer’s right to cancel

Does the 14-day cooling off period under the  Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 3134/2013 apply to computer equipment which has been opened and the manufacturer's seal broken?

In answering this Q&A, we have considered the issue of cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Consumer Contracts Regulations 2013), SI 2013/3134.

The Consumer Contracts Regulations 2013

The Consumer Contracts Regulations 2013, SI 2013/3134 came into force on 13 June 2014 implementing the European directive on consumer rights. They apply to contracts entered into after 13 June 2014 between a consumer and a trader. Under the Consumer Contracts Regulations 2013, SI 2013/3134, reg 4, a ‘consumer’ means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession. ‘Trader’ means a person acting for purposes relating to that person’s trade, business, craft or profession whether acting personally or through another person acting in the trader’s name or on the trader’s behalf.

Types of contracts under the Consumer Contracts Regulations 2013

Different provisions of the Consumer Contracts Regulations 2013, SI 2013/3134 apply to on-premises contracts, off-premises contracts and distance contracts as defined in the Consumer Contracts Regulations 2013, SI 2013/3134, reg 5. An ‘off-premises contract’ in broad terms involves the simultaneous physical presence of the consumer and trader but made away from the

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