Consumer law 10 PDF

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Consumer law revision notes for exams in 2020-2021...

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Consumer law 10

Right to Cancel When looking at off-premises contracts, need to look at the value of the contract. Scope - Limitations contained in Reg 27(2) - Limitations under Reg 6 - Limitations under Reg 28 - Reg 27(3) – contracts below £42 are not within scope – loss would not be so great. Problematic – can be a lot of cheap things that can be sold but the effort it requires to do offpremise sales means economically traders will probably use a diff method. - Right to cancel at any time during cancellation period, without giving any reasons, and without incurring any liability (Reg 29) Cancellation period (Reg 30) - 14 days Differs based on goods/services - Service contracts and digital content supplied on tangible medium contracts = 14 days after the day contract concluded - Goods = 14 days from day after they came into physical possession of the consumer (or ‘designated representative’) - Multiple lots – from delivery of last piece - Regular delivery of goods – from delivery of first piece - Extended for breach of information requirement (Reg 31) but limited to 1 year Exercise of the Right to cancel Found in regulation 32  Consumer must inform the trader:  Any clear statement  Model form under Schedule 3 CCRs 2013

 http://www.legislation.gov.uk/uksi/2013/3134/schedule/ 3/made  Cancellation forms on website = requires acknowledgment of receipt on durable medium  Cancellation effective when sent Burden of proof is on consumer – need to advise consumers to use a method where they can get proof they’ve asked for this cancellation Effect of cancellation  Two main effects:  End of legal obligations  Rules in place governing reimbursement and return of goods provided under the off-premise sale  But see Friz GmbH v Carsten von der Heyden (C-215/08)  Trader in off-premise contracts has to collect the goods (reg 35)  Specific rules in place for supply of service and digital content in the cancellation period  Effect on ancillary contracts – cancellation would have effect on this too Delivery & Passing of Risks • Part 5 of CCRs 2013 • Timing of delivery if not specific time agreed = would have to be done within 30 days of the order • Failure can result in contract ending with obligation to reimburse the consumer without undue delay • There is passing of risk rules with delivery to the appropriate person (taking of physical possession)...