Information to be provided before making an off-premises contractU.K.
10.—(1) Before the consumer is bound by an off-premises contract, the trader—
(a)must give the consumer the information listed in Schedule 2 in a clear and comprehensible manner, and
(b)if a right to cancel exists, must give the consumer a cancellation form as set out in part B of Schedule 3.
(2) The information and any cancellation form must be given on paper or, if the consumer agrees, on another durable medium and must be legible.
(3) The information referred to in paragraphs (l), (m) and (n) of Schedule 2 may be provided by means of the model instructions on cancellation set out in part A of Schedule 3; and a trader who has supplied those instructions to the consumer, correctly filled in, is to be treated as having complied with paragraph (1) in respect of those paragraphs.
(4) If the trader has not complied with paragraph (1) in respect of paragraph (g), (h) or (m) of Schedule 2, the consumer is not to bear the charges or costs referred to in those paragraphs.
[F1(5) If the contract is for the supply of digital content other than for a price paid by the consumer—
(a)any information that the trader gives the consumer as required by this regulation is to be treated as included as a term of the contract, and
(b)a change to any of that information, made before entering into the contract or later, is not effective unless expressly agreed between the consumer and the trader]
F2(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) This regulation is subject to regulation 11.
Textual Amendments
F1Reg. 10(5) substituted (with application in accordance with reg. 1(2) of the amending S.I.) by The Consumer Contracts (Amendment) Regulations 2015 (S.I. 2015/1629), regs. 1(1), 5(1)
F2Reg. 10(6) omitted (with application in accordance with reg. 1(2) of the amending S.I.) by virtue of The Consumer Contracts (Amendment) Regulations 2015 (S.I. 2015/1629), regs. 1(1), 5(2)