Consumer Rights Act 2022

Chapter 3

Consumer information for off-premises contract

Information requirements for off-premises contract

103. (1) Before the consumer is bound by an off-premises contract or any corresponding offer, the trader shall provide to the consumer—

(a) in a clear and comprehensible manner, the information specified in Schedule 3 , and

(b) where a right to cancel the contract exists, the model cancellation form set out in Part 2 of Schedule 4 .

(2) The trader may provide the information specified in clauses (m) to (o) of Schedule 3 by means of the model instructions on the right to cancel set out in Part 1 of Schedule 4 , and a trader who correctly supplies those instructions shall be deemed to have complied with the duties imposed by subsection (1) in respect of those clauses.

(3) In the case of a public auction, the information specified in clauses (b), (d) and (e)(i) of Schedule 3 may be provided in relation to the auctioneer rather than the trader on whose behalf the auctioneer has acted and, if so, the information specified in clauses (c) and (e)(ii) of Schedule 3 shall be provided in relation to that trader.

(4) The information referred to in subsection (1)(a)

(a) shall be given on paper or, if the consumer agrees, on another durable medium,

(b) shall be legible, and

(c) shall be in plain and intelligible language.

(5) The cancellation form referred to in subsection (1)(b) shall be given on paper, or if the consumer agrees, on another durable medium, and shall be legible.

(6) All means of communication provided by the trader under clause (d) of Schedule 3 shall enable the consumer to contact the trader quickly and communicate with the trader efficiently.

(7) The information referred to in subsection (1)(a) forms part of the contract and shall not be altered without the express agreement of the trader and the consumer.

(8) If the trader has not complied with subsection (1) in respect of clauses (g) and (n) of Schedule 3, the consumer is not liable for the charges or costs specified in those clauses.

(9) A trader who contravenes subsection (1) commits an offence.

(10) This section does not apply to an off-premises contract to which section 104 applies.