The Financial Services (Distance Marketing) Regulations 2004

Right to cancel

9.—(1) Subject to regulation 11, if within the cancellation period set out in regulation 10 notice of cancellation is properly given by the consumer to the supplier, the notice of cancellation shall operate to cancel the distance contract.

(2) Cancelling the contract has the effect of terminating the contract at the time at which the notice of cancellation is given.

(3) For the purposes of these Regulations, a notice of cancellation is a notification given—

(a) orally (where the supplier has informed the consumer that notice of cancellation may be given orally),

(b) in writing, or

(c) in another durable medium available and accessible to the supplier,

which, however expressed, indicates the intention of the consumer to cancel the contract by that notification.

(4) Notice of cancellation given under this regulation by a consumer to a supplier is to be treated as having been properly given if the consumer—

(a) gives it orally to the supplier (where the supplier has informed the consumer that notice of cancellation may be given orally);

(b) leaves it at the address of the supplier last known to the consumer and addressed to the supplier by name (in which case it is to be taken to have been given on the day on which it was left);

(c) sends it by post to the address of the supplier last known to the consumer and addressed to the supplier by name (in which case it is to be taken to have been given on the day on which it was posted);

(d) sends it by facsimile to the business facsimile number of the supplier last known to the consumer (in which case it is to be taken to have been given on the day on which it was sent);

(e) sends it by electronic mail to the business electronic mail address of the supplier 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

(f) by other electronic means—

(i) sends it to an internet address or web-site which the supplier has notified the consumer may be used for the purpose, or

(ii) indicates it on such a web-site in accordance with instructions which are on the web-site or which the supplier has provided to the consumer,

(in which case it is to be taken to have been given on the day on which it is sent to that address or web-site or indicated on that web-site).

(5) The references in paragraph (4)(b) and (c) to the address of the supplier shall, in the case of a supplier which is a body corporate, be treated as including a reference to the address of the secretary or clerk of that body.

(6) The references in paragraph (4)(b) and (c) to the address of the supplier shall, in the case of a supplier which is a partnership, be treated as including a reference to the address of a partner or a person having control or management of the partnership business.

(7) In this regulation—

(a) every reference to the supplier includes a reference to any other person previously notified by or on behalf of the supplier to the consumer as a person to whom notice of cancellation may be given;

(b) the references to giving notice of cancellation orally include giving such notice by voice telephone communication, where the supplier has informed the consumer that notice of cancellation may be given in that way; and

(c) “electronic mail” has the same meaning as in regulation 2(1) of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (interpretation)(1).

(1)

S.I. 2003/2426.