Q&As

What are the limits on the applicability of the cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to certain types of contracts?

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Published on LexisPSL on 10/01/2017

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

  • What are the limits on the applicability of the cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to certain types of contracts?
  • Scope of the CCR 2013
  • Meaning of ‘off-premises’
  • Who is a ‘consumer’ or a ‘trader’ under the CCR 2013?
  • The subject matter of the contract
  • Limitation to the application of the CCR 2013
  • The cancellation rights under the CCR 2013
  • Exemptions to the cancellation rights under the CCR 2013

What are the limits on the applicability of the cancellation rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to certain types of contracts?

In conducting our research we have focussed on the applicability of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, SI 2013/3134 (CCR 2013) only. Additional consumer rights may be available under other legislation. For more information, see: Consumer protection sector provision—overview.

Crucial to the analysis of the applicability of the CCR 2013 (and, further, the cancellation rights provided under them) are both the:

  1. nature of the agreement

  2. identity of the contracting parties

Scope of the CCR 2013

As noted in Practice Note: Distance, doorstep and on-premises sales, the aim of the CCR 2013, which implement Directive 2011/83/EU, the Consumer Rights Directive, as amended by the Consumer Contracts (Amendment) Regulations 2015, SI 2015/1629, is to ensure that consumers negotiating off-premises agreements for goods, services or digital content are in a similar position to those consumers who make purchases at retail premises.

Relevant issues to consider include: the definitions of ‘consumer’ and ‘trader’, ‘off-premises contract’ and whether the goods or services which are the subject matter of the contract fall within the scope of the CCR 2013 too.

Meaning of ‘off-premises’

The CCR 2013 apply to doorstep contracts (and also to contracts for goods, services and digital content that are made exclusively by means

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