PART 4REGULATED CONTRACT: FORMALITIES

Form of contract

15.—(1) A trader must not enter into a regulated contract unless the contract complies with the requirements of this regulation.

(2) The contract must be in writing and include—

(a)the identity, place of residence and signature of each of the parties;

(b)the date and place of conclusion of the contract.

(3) The contract must set out the key information in relation to the contract which is required under regulation 12.

(4) That key information must be set out—

(a)as terms of the contract, and

(b)with no changes, other than permitted changes.

(5) “Permitted changes” means changes to the key information which were communicated to the consumer in writing before the conclusion of the contract and which—

(a)were expressly agreed between the trader and the consumer, or

(b)resulted from unusual and unforeseeable circumstances beyond the trader’s control, the consequences of which could not have been avoided even if all due care had been exercised.

(6) Any permitted changes must be expressly mentioned in the contract.

(7) The contract must include the standard withdrawal form set out in Schedule 5.

(8) If a trader contravenes paragraph (1)—

(a)the trader commits an offence, and

(b)the contract is unenforceable against the consumer.