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Of
Website Usage
Of Online Company Trade
Terms &
Conditions of Website Usage
“Anthony Nickolds Violins” provides a Website
www.anthonynickoldsviolins.co.uk ("the Website") which is
generally accessible
Your use of and access to the Website is subject to these
Conditions of Use. By entering the Website You are agreeing and
accepting these Conditions of Use. The Conditions of Use may be
changed at any time and without notice. Any changes shall be
posted on this page. It is Your responsibility to check these
Conditions of Use in case there are any changes. If You access
and use the Website after We have made a change to these
Conditions of Use You shall be treated as having accepted the
change.
1. Target Audience
Although anyone may be able to access the Website, the content
of the Website and the products and services featured are only
directed at and are available to and for use by residents of the
United Kingdom and countries which are not for any reason
embargoed for international trade.
2. Definitions
In these Conditions of Use
· "Conditions of Use" means these terms and conditions including
any amendments which We may make to them in the future;
· "We"/"Our"/"Us" means “Anthony Nickolds Violins”;
· "Website" means Our Website at
www.anthonynickoldsviolins.co.uk or one of it's associated
websites
· "You"/"Your"/"Yourself" means You, a person who uses the
Website;
· "Your Equipment" means all such compatible equipment, software
and communications lines (including any public communication
lines) required by You to properly access the Website.
3. About the Website
3.1 The Website is provided by “Anthony Nickolds Violins”
3.2 The Website is a service provided to enable You to find
information about the range of products and service provided by
“Anthony Nickolds Violins”. The Website may also include
advertisements and general information related to about Our
range of products and service and also nominated third party
companies.
4. Copyright and Trade Marks
4.1 The Website and the copyright in the content of and
materials featured on the Website are owned by or licensed to
Us.
4.2 “Anthony Nickolds Violins”, “Anthony Nickolds Violins”
Designs and certain other names, words, images or logos
identifying the Website and the products and services featured
in the Website are the property of “Anthony Nickolds Violins”.
Certain other names, words, images or logos may constitute trade
names or unregistered trademarks of the company.
4.3 The names and logos of third parties mentioned in the
Website may be the property and trademarks of those third
parties and are used by “Anthony Nickolds Violins” with the
permission of such organisations.
4.4 You may view, print, download or store temporarily extracts
from the Website for Your own personal reference or for the
purpose of applying to the Website to access or use the products
and services featured on the Website. No other use (including,
without limitation, the alteration, deletion, utilisation or
extraction) of the content and materials featured on the Website
is permitted without Our written permission. Otherwise than as
provided, the Website cannot, whether in whole or as to any
part, be copied, reproduced, distributed or transmitted in any
medium (including, without limitation, by the internet) without
Our written permission.
Copyright© “Anthony Nickolds Violins” All rights reserved.
5. Third Party Products, Services and Websites
5.1 The Website may feature the products and services of, and
may contain materials produced by, third parties. The inclusion
of such products, services and materials and any statements made
about them does not constitute advice that they are available to
or suitable for You. You must ensure that any third party
product or service is suitable for Your specific needs.
5.2 The Website may, from time to time, refer to third party
products and services. We do not warrant, and are not
responsible for, the quality or availability of such products
and services.
5.3 The Website may contain various links to third party
Websites over which We have no control. Such links are provided
for convenience only and are accessed at Your own risk.
5.4 We are not responsible for the content of products and
services offered by, or any other matters (including, but not
limited to, the privacy of Your information) relating to, any
linked third party Website. Any claim relating to any third
party product or service must be made to the provider of the
third party product or service.
5.5 We are not responsible for any loss or damage (including,
but not limited to, any direct, indirect, special, incidental or
consequential damage (including the loss of profit)) relating to
the products and services of third parties which are featured in
or linked to the Website.
5.6 Any dealings by You with any third party on or through the
Website are between You and that third party and We are not
responsible for any losses or damages that may arise from any
such dealings.
6. Our Liability To You
6.1 We regularly update the Website. However, We cannot
guarantee that the content of the Website (including, but not
limited to, third party products and services) are available
(either as featured or at all). The content of and the products
and services featured in the Website are subject to change at
any time without notice.
6.2 We are not liable to You for any scheduled or non-scheduled
interruptions of the Website.
6.3 We provide the Website and the services featured on it on an
'as is' basis and We do not guarantee that the Website or
services shall be available or suitable for Your purposes and
requirements. We do not guarantee the accuracy or completeness
of any information contained on the Website or services nor that
the Website or services shall be error free.
6.4 To the extent permitted by any applicable law, We :
6.4.1 Exclude any liability and express or implied warranties
(including, but not limited to, any express or implied
warranties as to fitness for purpose, accuracy and completeness
of content, quality and availability), relating to Your access
and use of the Website and as to the content of, and products
and services (including, but not limited to, third party
products and services) featured in, the Website;
6.4.2 Exclude liability for any claims, loss or damage
(including, but not limited to, any direct, indirect, special,
incidental or consequential damage (including the loss of
profit)) relating to Your access and use of, or inability or any
delay in being able to use, the Website and as to the content
of, and products and services (including, but not limited to,
third party products and services) featured in, the Website.
6.5 Nothing in these Conditions of Use excludes or restricts Our
liability for death or personal injury resulting from Our
negligence.
6.6 We do not make any representation as to the accuracy or
completeness of any opinion, advice or statement or any other
information given by any third party which may be featured in or
linked to the Website. We exclude all liability for any loss or
damage (including loss of profit) which may arise directly or
indirectly from any use of or reliance upon it.
7. Your liability to Us
You shall be liable to Us for (and agree to indemnify Us
against) any liabilities, losses, or expenses incurred by Us as
a result of: any breach by You of these Conditions of Use; or,
Your use of the Website.
8. Complaints
8.1 We have a complaints procedure in place to ensure that any
complaint You may bring to Our attention is dealt with fairly
and that it receives a quick response. Any complaint You may
have shall be fully investigated.
8.2 In the first instance any complaint You may have relating to
the Website should be sent to Us via the 'Contact Us' area of
this Website. We would hope that We would be able to deal with
any complaint You may have to Your satisfaction at this stage.
8.3 If Your complaint is one which We cannot quickly resolve or
resolve to Your satisfaction Your complaint should be forwarded
to the address in the 'Contact' section of the Website.
9. Access to the Website
9.1 We may change the minimum specification You require to
access the Website at any time. We shall notify You of such a
change by placing a message on the Website. We are not liable to
You if any such change in specification results in Your
Equipment (the responsibility for obtaining, maintaining and
upgrading of which is Yours) becoming incompatible with the
Website or becoming unable to perform, within the Website all of
the functions previously performed.
9.2 You accept that We cannot guarantee the speed with which You
shall be able to access and use the Website (as it shall depend
upon factors such as the specification of Your Equipment and the
number of people using the Website) or that You shall have
uninterrupted or continuous access to the Website (including any
of the products or services featured).
9.3 You must not:
introduce or attempt to introduce any virus or any other
contaminant to the Website or any of Our systems; in any way
attempt to access, alter, de-compile, reverse engineer, destroy
or otherwise tamper with any part of the Website or any of Our
systems; interfere with the Use of another person's access to or
Use of the Website; obtain access to information relating to
another person which is on Our system; Use or attempt to Use the
Website or any of Our systems for any unlawful or immoral
purpose;
9.4 We may suspend or terminate Your access and Use of the
Website at any time with or without notice. We shall be entitled
to suspend or terminate Your access to the Website if We become
aware and determine that You have breached any of these
Conditions of Use.
9.5 You are responsible for getting an appropriate connection
with a telecommunications provider in order to access the
Website.
9.6 You shall be responsible for the cost of all charges You
incur in accessing and using the Website.
10. General
10.1 These Conditions of Use shall be governed by and
interpreted in accordance with English law. The English courts
shall have sole jurisdiction over any disputes arising from the
Website.
10.2 Each of these Conditions of Use is separate from all other
Conditions of Use, so that if one Condition of Use is found to
be invalid or unenforceable this shall not affect the validity
of any of the other Conditions of Use.
10.3 If We do not enforce any of the rights We have under these
Conditions of Use, or if We delay in enforcing them, that does
not stop Us from taking any action to enforce Our rights in the
future.
10.4 We may at any time make changes to any part of the Website
(including any change to these Conditions of Use). Any change
shall be deemed to be accepted by You when You next access the
Website following such change having been made.
10.5 We shall provide the Website using reasonable care and
skill.
10.6 You acknowledge that any material and/or information
downloaded or otherwise obtained through the Use of the Website
is at Your own discretion and that You shall be solely
responsible for any damage to Your Equipment or loss of data
that results from the download of such material and/or data.
10.7 We shall use reasonable endeavours to keep the Website free
from viruses and corrupt files. We do not warrant that the
Website is free from infection by viruses or anything else with
contaminating or destructive properties.
10.8 We have no obligation to monitor, censor or edit the
content of any material transmitted or received by You or other
Users of the Website. You are responsible for the content of any
material You transmit.
10.9 We may monitor material transmitted or received using the
Website and shall be entitled to modify, edit or remove any
material on the Website or transmitted or received using the
Website.
10.10 You may not transfer or try to transfer any of Your rights
and responsibilities under these Conditions of Use. We may
transfer any of Our rights and responsibilities without Your
permission.
10.11 The headings in these Conditions of Use are for
convenience only and shall not affect the meaning of these
Conditions of Use.
PRIVACY STATEMENT AND USE OF YOUR INFORMATION
PRIVACY STATEMENT
“Anthony Nickolds Violins” are committed to protecting the
privacy of the information We obtain from You. That information
shall be obtained on each occasion that You access the
www.anthonynickoldsviolins.co.uk Website and when You apply for
or use any product or service featured in the Website. “Anthony
Nickolds Violins” aims to provide a service which meets Your
individual requirements and needs.
By accessing and using the Website You confirm Your consent to
“Anthony Nickolds Violins” collecting and using Your information
in accordance with this Privacy Statement and the section
entitled "Use of Your Information".
A. Third party Websites
You need to be aware that third party Websites which are linked
to the Website or which You may need to access and Use to obtain
any third party products or services featured on the Website may
contain privacy provisions that differ from this Privacy
Statement. Such third parties may use Your information
differently to the way in which We shall Use it.
B. Use of e-mail (including e-mail Alerts)
Given that an e-mail message is sent through a number of
computers over which We have no control You need to be aware
that any message You send to Us or We send to You may not be
secure, any data contained therein may be intercepted by or
otherwise become available to a third party and We cannot
guarantee the timescales within which We shall receive Your
messages or You shall receive Our messages. We do not in any way
control the information or materials ("Information") contained
in e-mail messages. However, We reserve the right (which We may
exercise at any time, at Our sole discretion and without notice)
to delete, move or edit such information. In sending such
Information, You waive any moral rights You may have in it.
C. Security of Your Information
You acknowledge the Internet is not a 100% secure medium for
communication and, accordingly, We cannot guarantee the security
of any information You send to Us via the Internet. We are not
responsible for any damages You, or others, may suffer as a
result of the loss of confidentiality of such information.
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Terms and
Conditions of Online Company Trade
Title, commencement and extent
1. - (1) These Regulations may be cited as the Consumer
Protection (Distance Selling) Regulations 2000 and shall come
into force on 31st October 2000.
(2) These Regulations extend to Northern Ireland.
Revocation
2. The Mail Order Transactions (Information) Order 1976[3] is
hereby revoked.
Interpretation
3. - (1) In these Regulations -
"breach" means contravention by a supplier of a prohibition in,
or failure to comply with a requirement of, these Regulations;
"business" includes a trade or profession;
"consumer" means any natural person who, in contracts to which
these Regulations apply, is acting for purposes which are
outside his business;
"court" in relation to England and Wales and Northern Ireland
means a county court or the High Court, and in relation to
Scotland means the Sheriff Court or the Court of Session;
"credit" includes a cash loan and any other form of financial
accommodation, and for this purpose "cash" includes money in any
form;
"Director" means the Director General of Fair Trading;
"distance contract" means any contract concerning goods or
services concluded between a supplier and a consumer under an
organised distance sales or service provision scheme run by the
supplier who, for the purpose of the contract, makes exclusive
use of one or more means of distance communication up to and
including the moment at which the contract is concluded;
"EEA Agreement" means the Agreement on the European Economic
Area signed at Oporto on 2 May 1992 as adjusted by the Protocol
signed at Brussels on 17 March 1993[4];
"enactment" includes an enactment comprised in, or in an
instrument made under, an Act of the Scottish Parliament;
"enforcement authority" means the Director, every weights and
measures authority in Great Britain, and the Department of
Enterprise, Trade and Investment in Northern Ireland;
"excepted contract" means a contract such as is mentioned in
regulation 5(1);
"means of distance communication" means any means which, without
the simultaneous physical presence of the supplier and the
consumer, may be used for the conclusion of a contract between
those parties; and an indicative list of such means is contained
in Schedule 1;
"Member State" means a State which is a contracting party to the
EEA Agreement;
"operator of a means of communication" means any public or
private person whose business involves making one or more means
of distance communication available to suppliers;
"period for performance" has the meaning given by regulation
19(2);
"personal credit agreement" has the meaning given by regulation
14(8);
"related credit agreement" has the meaning given by regulation
15(5);
"supplier" means any person who, in contracts to which these
Regulations apply, is acting in his commercial or professional
capacity; and
"working days" means all days other than Saturdays, Sundays and
public holidays.
(2) In the application of these Regulations to Scotland, for
references to an "injunction" or an "interim injunction" there
shall be substituted references to an "interdict" or an "interim
interdict" respectively.
Contracts to which these Regulations apply
4. These Regulations apply, subject to regulation 6, to distance
contracts other than excepted contracts.
Excepted contracts
5. - (1) The following are excepted contracts, namely any
contract -
(a) for the sale or other disposition of an interest in land
except for a rental agreement;
(b) for the construction of a building where the contract also
provides for a sale or other disposition of an interest in land
on which the building is constructed, except for a rental
agreement;
(c) relating to financial services, a non-exhaustive list of
which is contained in Schedule 2;
(d) concluded by means of an automated vending machine or
automated commercial premises;
(e) concluded with a telecommunications operator through the use
of a public pay-phone;
(f) concluded at an auction.
(2) References in paragraph (1) to a rental agreement -
(a) if the land is situated in England and Wales, are references
to any agreement which does not have to be made in writing
(whether or not in fact made in writing) because of section
2(5)(a) of the Law of Property (Miscellaneous Provisions) Act
1989[5];
(b) if the land is situated in Scotland, are references to any
agreement for the creation, transfer, variation or extinction of
an interest in land, which does not have to be made in writing
(whether or not in fact made in writing) as provided for in
section 1(2) and (7) of the Requirements of Writing (Scotland)
Act 1995[6]; and
(c) if the land is situated in Northern Ireland, are references
to any agreement which is not one to which section II of the
Statute of Frauds, (Ireland) 1695[7] applies.
(3) Paragraph (2) shall not be taken to mean that a rental
agreement in respect of land situated outside the United Kingdom
is not capable of being a distance contract to which these
Regulations apply.
Contracts to which only part of these Regulations apply
6. - (1) Regulations 7 to 20 shall not apply to a contract which
is a "timeshare agreement" within the meaning of the Timeshare
Act 1992[8] and to which that Act applies.
(2) Regulations 7 to 19(1) shall not apply to -
(a) contracts for the supply of food, beverages or other goods
intended for everyday consumption supplied to the consumer's
residence or to his workplace by regular roundsmen; or
(b) contracts for the provision of accommodation, transport,
catering or leisure services, where the supplier undertakes,
when the contract is concluded, to provide these services on a
specific date or within a specific period.
(3) Regulations 19(2) to (8) and 20 do not apply to a contract
for a "package" within the meaning of the Package Travel,
Package Holidays and Package Tours Regulations 1992[9] which is
sold or offered for sale in the territory of the Member States.
Information required prior to the conclusion of the contract
7. - (1) Subject to paragraph (4), in good time prior to the
conclusion of the contract the supplier shall -
(a) provide to the consumer the following information -
(i) the identity of the supplier and, where the contract
requires payment in advance, the supplier's address;
(ii) a description of the main characteristics of the goods or
services;
(iii) the price of the goods or services including all taxes;
(iv) delivery costs where appropriate;
(v) the arrangements for payment, delivery or performance;
(vi) the existence of a right of cancellation except in the
cases referred to in regulation 13;
(vii) the cost of using the means of distance communication
where it is calculated other than at the basic rate;
(viii) the period for which the offer or the price remains
valid; and
(ix) where appropriate, the minimum duration of the contract, in
the case of contracts for the supply of goods or services to be
performed permanently or recurrently;
(b) inform the consumer if he proposes, in the event of the
goods or services ordered by the consumer being unavailable, to
provide substitute goods or services (as the case may be) of
equivalent quality and price; and
(c) inform the consumer that the cost of returning any such
substitute goods to the supplier in the event of cancellation by
the consumer would be met by the supplier.
(2) The supplier shall ensure that the information required by
paragraph (1) is provided in a clear and comprehensible manner
appropriate to the means of distance communication used, with
due regard in particular to the principles of good faith in
commercial transactions and the principles governing the
protection of those who are unable to give their consent such as
minors.
(3) Subject to paragraph (4), the supplier shall ensure that his
commercial purpose is made clear when providing the information
required by paragraph (1).
(4) In the case of a telephone communication, the identity of
the supplier and the commercial purpose of the call shall be
made clear at the beginning of the conversation with the
consumer.
Written and additional information
8. - (1) Subject to regulation 9, the supplier shall provide to
the consumer in writing, or in another durable medium which is
available and accessible to the consumer, the information
referred to in paragraph (2), either -
(a) prior to the conclusion of the contract, or
(b) thereafter, in good time and in any event -
(i) during the performance of the contract, in the case of
services; and
(ii) at the latest at the time of delivery where goods not for
delivery to third parties are concerned.
(2) The information required to be provided by paragraph (1) is
-
(a) the information set out in paragraphs (i) to (vi) of
Regulation 7(1)(a);
(b) information about the conditions and procedures for
exercising the right to cancel under regulation 10, including -
(i) where a term of the contract requires (or the supplier
intends that it will require) that the consumer shall return the
goods to the supplier in the event of cancellation, notification
of that requirement; and
(ii) information as to whether the consumer or the supplier
would be responsible under these Regulations for the cost of
returning any goods to the supplier, or the cost of his
recovering them, if the consumer cancels the contract under
regulation 10;
(c) the geographical address of the place of business of the
supplier to which the consumer may address any complaints;
(d) information about any after-sales services and guarantees;
and
(e) the conditions for exercising any contractual right to
cancel the contract, where the contract is of an unspecified
duration or a duration exceeding one year.
(3) Subject to regulation 9, prior to the conclusion of a
contract for the supply of services, the supplier shall inform
the consumer in writing or in another durable medium which is
available and accessible to the consumer that, unless the
parties agree otherwise, he will not be able to cancel the
contract under regulation 10 once the performance of the
services has begun with his agreement.
Services performed through the use of a means of distance
communication
9. - (1) Regulation 8 shall not apply to a contract for the
supply of services which are performed through the use of a
means of distance communication, where those services are
supplied on only one occasion and are invoiced by the operator
of the means of distance communication.
(2) But the supplier shall take all necessary steps to ensure
that a consumer who is a party to a contract to which paragraph
(1) applies is able to obtain the supplier's geographical
address and the place of business to which the consumer may
address any complaints.
Right to cancel
10. - (1) Subject to regulation 13, if within the cancellation
period set out in regulations 11 and 12, the consumer gives a
notice of cancellation to the supplier, or any other person
previously notified by the supplier to the consumer as a person
to whom notice of cancellation may be given, the notice of
cancellation shall operate to cancel the contract.
(2) Except as otherwise provided by these Regulations, the
effect of a notice of cancellation is that the contract shall be
treated as if it had not been made.
(3) For the purposes of these Regulations, a notice of
cancellation is a notice in writing or in another durable medium
available and accessible to the supplier (or to the other person
to whom it is given) which, however expressed, indicates the
intention of the consumer to cancel the contract.
(4) A notice of cancellation given under this regulation by a
consumer to a supplier or other person is to be treated as
having been properly given if the consumer -
(a) leaves it at the address last known to the consumer and
addressed to the supplier or other person by name (in which case
it is to be taken to have been given on the day on which it was
left);
(b) sends it by post to the address last known to the consumer
and addressed to the supplier or other person by name (in which
case, it is to be taken to have been given on the day on which
it was posted);
(c) sends it by facsimile to the business facsimile number last
known to the consumer (in which case it is to be taken to have
been given on the day on which it is sent); or
(d) sends it by electronic mail, to the business electronic mail
address last known to the consumer (in which case it is to be
taken to have been given on the day on which it is sent).
(5) Where a consumer gives a notice in accordance with paragraph
(4)(a) or (b) to a supplier who is a body corporate or a
partnership, the notice is to be treated as having been properly
given if -
(a) in the case of a body corporate, it is left at the address
of, or sent to, the secretary or clerk of that body; or
(b) in the case of a partnership, it is left with or sent to a
partner or a person having control or management of the
partnership business.
Cancellation period in the case of contracts for the supply
of goods
11. - (1) For the purposes of regulation 10, the cancellation
period in the case of contracts for the supply of goods begins
with the day on which the contract is concluded and ends as
provided in paragraphs (2) to (5).
(2) Where the supplier complies with regulation 8, the
cancellation period ends on the expiry of the period of seven
working days beginning with the day after the day on which the
consumer receives the goods.
(3) Where a supplier who has not complied with regulation 8
provides to the consumer the information referred to in
regulation 8(2), and does so in writing or in another durable
medium available and accessible to the consumer, within the
period of three months beginning with the day after the day on
which the consumer receives the goods, the cancellation period
ends on the expiry of the period of seven working days beginning
with the day after the day on which the consumer receives the
information.
(4) Where neither paragraph (2) nor (3) applies, the
cancellation period ends on the expiry of the period of three
months and seven working days beginning with the day after the
day on which the consumer receives the goods.
(5) In the case of contracts for goods for delivery to third
parties, paragraphs (2) to (4) shall apply as if the consumer
had received the goods on the day on which they were received by
the third party.
Cancellation period in the case of contracts for the supply
of services
12. - (1) For the purposes of regulation 10, the cancellation
period in the case of contracts for the supply of services
begins with the day on which the contract is concluded and ends
as provided in paragraphs (2) to (4).
(2) Where the supplier complies with regulation 8 on or before
the day on which the contract is concluded, the cancellation
period ends on the expiry of the period of seven working days
beginning with the day after the day on which the contract is
concluded.
(3) Where a supplier who has not complied with regulation 8 on
or before the day on which the contract is concluded provides to
the consumer the information referred to in regulation 8(2) and
(3), and does so in writing or in another durable medium
available and accessible to the consumer, within the period of
three months beginning with the day after the day on which the
contract is concluded, the cancellation period ends on the
expiry of the period of seven working days beginning with the
day after the day on which the consumer receives the
information.
(4) Where neither paragraph (2) nor (3) applies, the
cancellation period ends on the expiry of the period of three
months and seven working days beginning with the day after the
day on which the contract is concluded.
Exceptions to the right to cancel
13. - (1) Unless the parties have agreed otherwise, the consumer
will not have the right to cancel the contract by giving notice
of cancellation pursuant to regulation 10 in respect of
contracts -
(a) for the supply of services if the supplier has complied with
regulation 8(3) and performance of the contract has begun with
the consumer's agreement before the end of the cancellation
period applicable under regulation 12;
(b) for the supply of goods or services the price of which is
dependent on fluctuations in the financial market which cannot
be controlled by the supplier;
(c) for the supply of goods made to the consumer's
specifications or clearly personalised or which by reason of
their nature cannot be returned or are liable to deteriorate or
expire rapidly;
(d) for the supply of audio or video recordings or computer
software if they are unsealed by the consumer;
(e) for the supply of newspapers, periodicals or magazines; or
(f) for gaming, betting or lottery services.
Recovery of sums paid by or on behalf of the consumer on
cancellation, and return of security
14. - (1) On the cancellation of a contract under regulation 10,
the supplier shall reimburse any sum paid by or on behalf of the
consumer under or in relation to the contract to the person by
whom it was made free of any charge, less any charge made in
accordance with paragraph (5).
(2) The reference in paragraph (1) to any sum paid on behalf of
the consumer includes any sum paid by a creditor who is not the
same person as the supplier under a personal credit agreement
with the consumer.
(3) The supplier shall make the reimbursement referred to in
paragraph (1) as soon as possible and in any case within a
period not exceeding 30 days beginning with the day on which the
notice of cancellation was given.
(4) Where any security has been provided in relation to the
contract, the security (so far as it is so provided) shall, on
cancellation under regulation 10, be treated as never having had
effect and any property lodged with the supplier solely for the
purposes of the security as so provided shall be returned by him
forthwith.
(5) Subject to paragraphs (6) and (7), the supplier may make a
charge, not exceeding the direct costs of recovering any goods
supplied under the contract, where a term of the contract
provides that the consumer must return any goods supplied if he
cancels the contract under regulation 10 but the consumer does
not comply with this provision or returns the goods at the
expense of the supplier.
(6) Paragraph (5) shall not apply where -
(a) the consumer cancels in circumstances where he has the right
to reject the goods under a term of the contract, including a
term implied by virtue of any enactment, or
(b) the term requiring the consumer to return any goods supplied
if he cancels the contract is an "unfair term" within the
meaning of the Unfair Terms in Consumer Contracts Regulations
1999[10].
(7) Paragraph (5) shall not apply to the cost of recovering any
goods which were supplied as substitutes for the goods ordered
by the consumer.
(8) For the purposes of these Regulations, a personal credit
agreement is an agreement between the consumer and any other
person ("the creditor") by which the creditor provides the
consumer with credit of any amount.
Automatic cancellation of a related credit agreement
15. - (1) Where a notice of cancellation is given under
regulation 10 which has the effect of cancelling the contract,
the giving of the notice shall also have the effect of
cancelling any related credit agreement.
(2) Where a related credit agreement is cancelled by virtue of
paragraph (1), the supplier shall, if he is not the same person
as the creditor under that agreement, forthwith on receipt of
the notice of cancellation inform the creditor that the notice
has been given.
(3) Where a related credit agreement is cancelled by virtue of
paragraph (1) -
(a) any sum paid by or on behalf of the consumer under, or in
relation to, the credit agreement which the supplier is not
obliged to reimburse under regulation 14(1) shall be reimbursed,
except for any sum which, if it had not already been paid, would
have to be paid under subparagraph (b);
(b) the agreement shall continue in force so far as it relates
to repayment of the credit and payment of interest, subject to
regulation 16; and
(c) subject to subparagraph (b), the agreement shall cease to be
enforceable.
(4) Where any security has been provided under a related credit
agreement, the security, so far as it is so provided, shall be
treated as never having had effect and any property lodged with
the creditor solely for the purposes of the security as so
provided shall be returned by him forthwith.
(5) For the purposes of this regulation and regulation 16, a
"related credit agreement" means an agreement under which fixed
sum credit which fully or partly covers the price under a
contract cancelled under regulation 10 is granted -
(a) by the supplier, or
(b) by another person, under an arrangement between that person
and the supplier.
(6) For the purposes of this regulation and regulation 16 -
(a) "creditor" is a person who grants credit under a related
credit agreement;
(b) "fixed sum credit" has the same meaning as in section 10 of
the Consumer Credit Act 1974[11];
(c) "repayment" in relation to credit means repayment of money
received by the consumer, and cognate expressions shall be
construed accordingly; and
(d) "interest" means interest on money so received.
Repayment of credit and interest after cancellation of a
related credit agreement
16. - (1) This regulation applies following the cancellation of
a related credit agreement by virtue of regulation 15(1).
(2) If the consumer repays the whole or a portion of the credit
-
(a) before the expiry of one month following the cancellation of
the credit agreement, or
(b) in the case of a credit repayable by instalments, before the
date on which the first instalment is due,
no interest shall be payable on the amount repaid.
(3) If the whole of a credit repayable by instalments is not
repaid on or before the date referred to in paragraph (2)(b),
the consumer shall not be liable to repay any of the credit
except on receipt of a request in writing, signed by the
creditor, stating the amounts of the remaining instalments
(recalculated by the creditor as nearly as may be in accordance
with the agreement and without extending the repayment period),
but excluding any sum other than principal and interest.
(4) Where any security has been provided under a related credit
agreement the duty imposed on the consumer to repay credit and
to pay interest shall not be enforceable before the creditor has
discharged any duty imposed on him by regulation 15(4) to return
any property lodged with him as security on cancellation.
Restoration of goods by consumer after cancellation
17. - (1) This regulation applies where a contract is cancelled
under regulation 10 after the consumer has acquired possession
of any goods under the contract other than any goods mentioned
in regulation 13(1)(b) to (e).
(2) The consumer shall be treated as having been under a duty
throughout the period prior to cancellation -
(a) to retain possession of the goods, and
(b) to take reasonable care of them.
(3) On cancellation, the consumer shall be under a duty to
restore the goods to the supplier in accordance with this
regulation, and in the meanwhile to retain possession of the
goods and take reasonable care of them.
(4) The consumer shall not be under any duty to deliver the
goods except at his own premises and in pursuance of a request
in writing, or in another durable medium available and
accessible to the consumer, from the supplier and given to the
consumer either before, or at the time when, the goods are
collected from those premises.
(5) If the consumer -
(a) delivers the goods (whether at his own premises or
elsewhere) to any person to whom, under regulation 10(1), a
notice of cancellation could have been given; or
(b) sends the goods at his own expense to such a person,
he shall be discharged from any duty to retain possession of the
goods or restore them to the supplier.
(6) Where the consumer delivers the goods in accordance with
paragraph (5)(a), his obligation to take care of the goods shall
cease; and if he sends the goods in accordance with paragraph
(5)(b), he shall be under a duty to take reasonable care to see
that they are received by the supplier and not damaged in
transit, but in other respects his duty to take care of the
goods shall cease when he sends them.
(7) Where, at any time during the period of 21 days beginning
with the day notice of cancellation was given, the consumer
receives such a request as is mentioned in paragraph (4), and
unreasonably refuses or unreasonably fails to comply with it,
his duty to retain possession and take reasonable care of the
goods shall continue until he delivers or sends the goods as
mentioned in paragraph (5), but if within that period he does
not receive such a request his duty to take reasonable care of
the goods shall cease at the end of that period.
(8) Where -
(a) a term of the contract provides that if the consumer cancels
the contract, he must return the goods to the supplier, and
(b) the consumer is not otherwise entitled to reject the goods
under the terms of the contract or by virtue of any enactment,
paragraph (7) shall apply as if for the period of 21 days there
were substituted the period of 6 months.
(9) Where any security has been provided in relation to the
cancelled contract, the duty to restore goods imposed on the
consumer by this regulation shall not be enforceable before the
supplier has discharged any duty imposed on him by regulation
14(4) to return any property lodged with him as security on
cancellation.
(10) Breach of a duty imposed by this regulation on a consumer
is actionable as a breach of statutory duty.
Goods given in part-exchange
18. - (1) This regulation applies on the cancellation of a
contract under regulation 10 where the supplier agreed to take
goods in part-exchange (the "part-exchange goods") and those
goods have been delivered to him.
(2) Unless, before the end of the period of 10 days beginning
with the date of cancellation, the part-exchange goods are
returned to the consumer in a condition substantially as good as
when they were delivered to the supplier, the consumer shall be
entitled to recover from the supplier a sum equal to the
part-exchange allowance.
(3) In this regulation the part-exchange allowance means the sum
agreed as such in the cancelled contract, or if no such sum was
agreed, such sum as it would have been reasonable to allow in
respect of the part-exchange goods if no notice of cancellation
had been served.
(4) Where the consumer recovers from the supplier a sum equal to
the part-exchange allowance, the title of the consumer to the
part-exchange goods shall vest in the supplier (if it has not
already done so) on recovery of that sum.
Performance
19. - (1) Unless the parties agree otherwise, the supplier shall
perform the contract within a maximum of 30 days beginning with
the day after the day the consumer sent his order to the
supplier.
(2) Subject to paragraphs (7) and (8), where the supplier is
unable to perform the contract because the goods or services
ordered are not available, within the period for performance
referred to in paragraph (1) or such other period as the parties
agree ("the period for performance"), he shall -
(a) inform the consumer; and
(b) reimburse any sum paid by or on behalf of the consumer under
or in relation to the contract to the person by whom it was
made.
(3) The reference in paragraph (2)(b) to any sum paid on behalf
of the consumer includes any sum paid by a creditor who is not
the same person as the supplier under a personal credit
agreement with the consumer.
(4) The supplier shall make the reimbursement referred to in
paragraph (2)(b) as soon as possible and in any event within a
period of 30 days beginning with the day after the day on which
the period for performance expired.
(5) A contract which has not been performed within the period
for performance shall be treated as if it had not been made,
save for any rights or remedies which the consumer has under it
as a result of the non-performance.
(6) Where any security has been provided in relation to the
contract, the security (so far as it is so provided) shall,
where the supplier is unable to perform the contract within the
period for performance, be treated as never having had any
effect and any property lodged with the supplier solely for the
purposes of the security as so provided shall be returned by him
forthwith.
(7) Where the supplier is unable to supply the goods or services
ordered by the consumer, the supplier may perform the contract
for the purposes of these Regulations by providing substitute
goods or services (as the case may be) of equivalent quality and
price provided that -
(a) this possibility was provided for in the contract;
(b) prior to the conclusion of the contract the supplier gave
the consumer the information required by regulation 7(1)(b) and
(c) in the manner required by regulation 7(2).
(8) In the case of outdoor leisure events which by their nature
cannot be rescheduled, paragraph 2(b) shall not apply where the
consumer and the supplier so agree.
Effect of non-performance on related credit agreement
20. Where a supplier is unable to perform the contract within
the period for performance -
(a) regulations 15 and 16 shall apply to any related credit
agreement as if the consumer had given a valid notice of
cancellation under regulation 10 on the expiry of the period for
performance; and
(b) the reference in regulation 15(3)(a) to regulation 14(1)
shall be read, for the purposes of this regulation, as a
reference to regulation 19(2).
Payment by card
21. - (1) Subject to paragraph (4), the consumer shall be
entitled to cancel a payment where fraudulent use has been made
of his payment card in connection with a contract to which this
regulation applies by another person not acting, or to be
treated as acting, as his agent.
(2) Subject to paragraph (4), the consumer shall be entitled to
be recredited, or to have all sums returned by the card issuer,
in the event of fraudulent use of his payment card in connection
with a contract to which this regulation applies by another
person not acting, or to be treated as acting, as the consumer's
agent.
(3) Where paragraphs (1) and (2) apply, in any proceedings if
the consumer alleges that any use made of the payment card was
not authorised by him it is for the card issuer to prove that
the use was so authorised.
(4) Paragraphs (1) and (2) shall not apply to an agreement to
which section 83(1) of the Consumer Credit Act 1974 applies.
(5) Section 84 of the Consumer Credit Act 1974 (misuse of
credit-tokens) is amended by the insertion after subsection (3)
of -
" (3A) Subsections (1) and (2) shall not apply to any use, in
connection with a distance contract (other than an excepted
contract), of a card which is a credit-token.
(3B) In subsection (3A), "distance contract" and "excepted
contract" have the meanings given in the Consumer Protection
(Distance Selling) Regulations 2000."
(6) For the purposes of this regulation -
"card issuer" means the owner of the card; and
"payment card" includes credit cards, charge cards, debit cards
and store cards.
Amendments to the Unsolicited Goods and Services Act 1971
22. - (1) The Unsolicited Goods and Services Act 1971[12] is
amended as follows.
(2) Omit section 1 (rights of recipient of unsolicited goods).
(3) In subsection (1) of section 2 (demands and threats
regarding payment), after "them" insert "for the purposes of his
trade or business".
(4) The amendments made by this regulation apply only in
relation to goods sent after the date on which it comes into
force.
Amendments to the Unsolicited Goods and Services (Northern
Ireland) Order 1976
23. - (1) The Unsolicited Goods and Services (Northern Ireland)
Order 1976[13] is amended as follows.
(2) Omit Article 3 (rights of recipient of unsolicited goods).
(3) In paragraph (1) of Article 4 (demands and threats regarding
payment), after "them" insert "for the purposes of his trade or
business".
(4) The amendments made by this regulation apply only in
relation to goods sent after the date on which it comes into
force.
Inertia Selling
24. - (1) Paragraphs (2) and (3) apply if -
(a) unsolicited goods are sent to a person ("the recipient")
with a view to his acquiring them;
(b) the recipient has no reasonable cause to believe that they
were sent with a view to their being acquired for the purposes
of a business; and
(c) the recipient has neither agreed to acquire nor agreed to
return them.
(2) The recipient may, as between himself and the sender, use,
deal with or dispose of the goods as if they were an
unconditional gift to him.
(3) The rights of the sender to the goods are extinguished.
(4) A person who, not having reasonable cause to believe there
is a right to payment, in the course of any business makes a
demand for payment, or asserts a present or prospective right to
payment, for what he knows are -
(a) unsolicited goods sent to another person with a view to his
acquiring them for purposes other than those of his business, or
(b) unsolicited services supplied to another person for purposes
other than those of his business,
is guilty of an offence and liable, on summary conviction, to a
fine not exceeding level 4 on the standard scale.
(5) A person who, not having reasonable cause to believe there
is a right to payment, in the course of any business and with a
view to obtaining payment for what he knows are unsolicited
goods sent or services supplied as mentioned in paragraph (4) -
(a) threatens to bring any legal proceedings, or
(b) places or causes to be placed the name of any person on a
list of defaulters or debtors or threatens to do so, or
(c) invokes or causes to be invoked any other collection
procedure or threatens to do so,
is guilty of an offence and liable, on summary conviction, to a
fine not exceeding level 5 on the standard scale.
(6) In this regulation -
"acquire" includes hire;
"send" includes deliver;
"sender", in relation to any goods, includes -
(a) any person on whose behalf or with whose consent the goods
are sent;
(b) any other person claiming through or under the sender or any
person mentioned in paragraph (a); and
(c) any person who delivers the goods; and
"unsolicited" means, in relation to goods sent or services
supplied to any person, that they are sent or supplied without
any prior request made by or on behalf of the recipient.
(7) For the purposes of this regulation, an invoice or similar
document which -
(a) states the amount of a payment, and
(b) fails to comply with the requirements of regulations made
under section 3A of the Unsolicited Goods and Services Act 1971
or, as the case may be, Article 6 of the Unsolicited Goods and
Services (Northern Ireland) Order 1976 applicable to it,
is to be regarded as asserting a right to the payment.
(8) Section 3A of the Unsolicited Goods and Services Act 1971
applies for the purposes of this regulation in its application
to England, Wales and Scotland as it applies for the purposes of
that Act.
(9) Article 6 of the Unsolicited Goods and Services (Northern
Ireland) Order 1976 applies for the purposes of this regulation
in its application to Northern Ireland as it applies for the
purposes of that Order.
(10) This regulation applies only to goods sent and services
supplied after the date on which it comes into force.
No contracting-out
25. - (1) A term contained in any contract to which these
Regulations apply is void if, and to the extent that, it is
inconsistent with a provision for the protection of the consumer
contained in these Regulations.
(2) Where a provision of these Regulations specifies a duty or
liability of the consumer in certain circumstances, a term
contained in a contract to which these Regulations apply, other
than a term to which paragraph (3) applies, is inconsistent with
that provision if it purports to impose, directly or indirectly,
an additional duty or liability on him in those circumstances.
(3) This paragraph applies to a term which requires the consumer
to return any goods supplied to him under the contract if he
cancels it under regulation 10.
(4) A term to which paragraph (3) applies shall, in the event of
cancellation by the consumer under regulation 10, have effect
only for the purposes of regulation 14(5) and 17(8).
(5) These Regulations shall apply notwithstanding any contract
term which applies or purports to apply the law of a non-Member
State if the contract has a close connection with the territory
of a Member State.
Consideration of complaints
26. - (1) It shall be the duty of an enforcement authority to
consider any complaint made to it about a breach unless -
(a) the complaint appears to the authority to be frivolous or
vexatious; or
(b) another enforcement authority has notified the Director that
it agrees to consider the complaint.
(2) If an enforcement authority notifies the Director that it
agrees to consider a complaint made to another enforcement
authority, the first mentioned authority shall be under a duty
to consider the complaint.
(3) An enforcement authority which is under a duty to consider a
complaint shall give reasons for its decision to apply or not to
apply, as the case may be, for an injunction under regulation
27.
(4) In deciding whether or not to apply for an injunction in
respect of a breach an enforcement authority may, if it
considers it appropriate to do so, have regard to any
undertaking given to it or another enforcement authority by or
on behalf of any person as to compliance with these Regulations.
Injunctions to secure compliance with these Regulations
27. - (1) The Director or, subject to paragraph (2), any other
enforcement authority may apply for an injunction (including an
interim injunction) against any person who appears to the
Director or that authority to be responsible for a breach.
(2) An enforcement authority other than the Director may apply
for an injunction only where -
(a) it has notified the Director of its intention to apply at
least fourteen days before the date on which the application is
to be made, beginning with the date on which the notification
was given; or
(b) the Director consents to the application being made within a
shorter period.
(3) The court on an application under this regulation may grant
an injunction on such terms as it thinks fit to secure
compliance with these Regulations.
Notification of undertakings and orders to the Director
28. An enforcement authority other than the Director shall
notify the Director -
(a) of any undertaking given to it by or on behalf of any person
who appears to it to be responsible for a breach;
(b) of the outcome of any application made by it under
regulation 27 and of the terms of any undertaking given to or
order made by the court;
(c) of the outcome of any application made by it to enforce a
previous order of the court.
Publication, information and advice
29. - (1) The Director shall arrange for the publication in such
form and manner as he considers appropriate of -
(a) details of any undertaking or order notified to him under
regulation 28;
(b) details of any undertaking given to him by or on behalf of
any person as to compliance with these Regulations;
(c) details of any application made by him under regulation 27,
and of the terms of any undertaking given to, or order made by,
the court;
(d) details of any application made by the Director to enforce a
previous order of the court.
(2) The Director may arrange for the dissemination in such form
and manner as he considers appropriate of such information and
advice concerning the operation of these Regulations as it may
appear to him to be expedient to give to the public and to all
persons likely to be affected by these Regulations.
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