Cancellation of specified contracts commenced before expiry of the right to cancel
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Memorandwm Esboniadol
9.—(1) Where the consumer enters into a specified contract and he wishes the performance of the contract to begin before the end of the cancellation period, he must request this in writing.
(2) Where the consumer cancels a specified contract in accordance with regulation 8 he shall be under a duty to pay in accordance with the reasonable requirements of the cancelled contract for goods or services that were supplied before the cancellation.
(3) If the consumer fails to provide the request in writing referred to in paragraph (1) then—
(a)the trader is not obliged to begin performance of the specified contract before the end of the cancellation period; and
(b)the consumer is not bound by the duty referred to in paragraph (2) if he cancels the contract in accordance with regulation 8.
(4) For the purposes of this regulation and regulation 13, a “specified contact” means a contract for any of the following—
(a)the supply of newspapers, periodicals or magazines;
(b)advertising in any medium;
(c)the supply of goods the price of which is dependent on fluctuations in the financial markets which cannot be controlled by the trader;
(d)the supply of goods to meet an emergency;
(e)the supply of goods made to a customer’s specifications or clearly personalised and any services in connection with the provision of such goods;
(f)the supply of perishable goods;
(g)the supply of goods which by their nature are consumed by use and which, before the cancellation, were so consumed;
(h)the supply of goods which, before the cancellation, had become incorporated in any land or thing not comprised in the cancelled contract;
(i)the supply of goods or services relating to a funeral; or
(j)the supply of services of any other kind.