The following Commercial Q&A provides comprehensive and up to date legal information covering:
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:
nature of the agreement
identity of the contracting parties
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.
The CCR 2013 apply to doorstep contracts (and also to contracts for goods, services and digital content that are made exclusively by means of distance communication and to on-premises contracts).
Pursuant to regulation 5 of the CCR 2013, an ‘off-premises contract’ means a contract:
concluded in the simultaneous physical presence
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