Q&As

If there is a contract to supply and install a bespoke/custom made item, I understand that there are no cancellation rights for the consumer regarding the goods themselves in a distance sales. With respect to the services aspect, eg the design, installation etc would the consumer still have any cancellation rights?

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Published on LexisPSL on 21/09/2017

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

  • If there is a contract to supply and install a bespoke/custom made item, I understand that there are no cancellation rights for the consumer regarding the goods themselves in a distance sales. With respect to the services aspect, eg the design, installation etc would the consumer still have any cancellation rights?

This Q&A covers distance contracts.

This Q&A refers to a business to consumer contract.

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) provide for cancellation rights that apply to agreement for goods, services and digital content that are made off-premises or on the doorstep (as well as at a distance, eg online or mail order). The cancellation period, as long as the required information is provided by the trader to the consumer about their cancellation rights, is generally 14 days after the day on which the contract is entered into for services or digital content not supplied on a tangible medium. For goods the cancellation period ends 14 days after the day on which the goods came into the physical possession of the consumer (CCR 2013, SI 2013/3134, reg 30). For more information on the cancellation rights and the information requirements, see Practice Note: Distance, doorstep and on-premises sales. The rights are specific to goods, services and digital content contracts. For the information requirements, see also: Information requirements under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013—checklist.

Regulation 28 of the CCR 2013 lists the circumstances excluding cancellation. Regulation 28(1)(b) of the CCR 2013 states that:

‘This Part does not apply as regards the following—

(b) the supply of goods that are made to the consumer’s specifications or are clearly personalised;’

Items

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