Consumer Rights Act 2022
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Application (Part 6) | ||
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127. (1) Subject to subsections (2) to (6) and section 140 (2)(b), this Part applies to a consumer contract that is concluded on or after the day on which this section comes into operation. | ||
(2) A consumer contract is not excluded from the application of this Part by reason only that— | ||
(a) the consumer contract or a term of the consumer contract has been individually negotiated between the trader and the consumer, or | ||
(b) the consumer does not pay a price under the contract. | ||
(3) This Part does not apply to a term of a consumer contract that reflects— | ||
(a) mandatory statutory or regulatory provisions, including rules that, according to law, apply between the contracting parties on the basis that no other rules or arrangements have been established, or | ||
(b) the provisions or principles of international conventions to which the State or the European Union is party. | ||
(4) This Part does not apply to— | ||
(a) a contract of employment, | ||
(b) a contract relating to succession rights, | ||
(c) a contract relating to rights under family law, or | ||
(d) a contract relating to— | ||
(i) the incorporation and organisation of a company, or | ||
(ii) the creation and organisation of a partnership. | ||
(5) If— | ||
(a) the law of a country or territory other than an EEA State is chosen by the parties to be applicable to a consumer contract, and | ||
(b) that contract has a close connection with the State, | ||
this Part shall apply to the contract despite that choice. | ||
(6) Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 200817 on the law applicable to contractual obligations (Rome I) applies where— | ||
(a) the applicable law has not been chosen by the parties to the contract, or | ||
(b) the law of an EEA State is chosen (other than an EEA State that has chosen not to be bound by that Regulation). | ||
(7) In this section— | ||
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by all subsequent amendments to that Agreement; | ||
“EEA State” means a state which is a contracting party to the EEA Agreement. | ||