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Of
Website Usage
Of Online Company Trade
Terms & Conditions of Website Usage
“Coral Stone and Bead Company” provides a Website www.coralstone.co.uk, coralstoneandbeadcompany.co.uk,
www.coralstoneandbeadcompany.com, www.lumbrook.co.uk and
www.lumbrook.com ("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 “Coral
Stone and Bead Company”;
· "Website" means Our Website at
www.coralstone.co.uk, coralstoneandbeadcompany.co.uk,
www.coralstoneandbeadcompany.com, www.lumbrook.co.uk and
www.lumbrook.com 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 “Coral Stone and Bead Company”
3.2 The Website is a service provided to enable You to
find information about the range of products and service
provided by “Coral Stone and Bead Company”. 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 “Coral Stone and Bead Company”, “Coral Stone and
Bead Company” 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
“Coral Stone and Bead Company”.
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 “Coral Stone and Bead
Company” 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© “Coral Stone and Bead Company” 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
“Coral Stone and Bead Company” 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.coralstone.co.uk, coralstoneandbeadcompany.co.uk,
www.coralstoneandbeadcompany.com, www.lumbrook.co.uk and
www.lumbrook.com Website and when You apply for or use
any product or service featured in the Website.
“Coral Stone and Bead Company” aims to provide a service which meets
Your individual requirements and needs.
By accessing and using the Website You confirm Your
consent to “Coral Stone and Bead Company” 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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