European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.
Statutory Instrument No. | 484/2013 |
Published date | 13 December 2013 |
ARRANGEMENT OF REGULATIONS |
PART 1 |
Preliminary Matters |
1. Citation and commencement |
2. Interpretation |
3. Application of Regulations |
PART 2 |
Consumer Information for On-Premises Contracts |
4. Application of Part 2 |
5. Information requirements for on-premises contracts |
PART 3 |
Consumer Information for Off-Premises Contracts and Distance Contracts |
6. Application of Part 3 |
7. Information requirements for off-premises contracts |
8. Information requirements for off-premises contracts for repairs or maintenance |
9. Provision of copy or confirmation of off-premises contracts |
10. Information requirements for distance contracts |
11. Additional information requirements for distance contracts concluded by electronic means |
12. Provision of confirmation of distance contracts |
PART 4 |
Right to Cancel Distance Contracts and Off-Premises Contracts |
13. Application of Part 4 |
14. Right to cancel |
15. Expiry of cancellation period |
16. Omission of information on right to cancel |
17. Exercise of right to cancel |
18. Effects of cancellation |
19. Obligations of trader in event of cancellation |
20. Return of goods in event of cancellation of sales contract |
21. Performance of services and supply of water, gas, electricity or district heating during cancellation period |
22. Provision of digital content during cancellation period |
23. Effects of cancellation on ancillary contracts |
PART 5 |
Payment Fees, Additional Payments and Charges for Communication by Telephone |
24. Application of Part 5 |
25. Fees for the use of means of payment |
26. Additional payments |
27. Charges for communication by telephone |
PART 6 |
Passing of Risk and Delivery in Sales Contracts |
28. Application of Part 6 |
29. Amendment of section 20 of Act of 1893 |
30. Amendment of section 29 of Act of 1893 |
31. Amendment of section 32 of Act of 1893 |
PART 7 |
Unsolicited Goods and Services |
32. Amendment of section 47 of Act of 1980 |
PART 8 |
Enforcement and Penalties |
33. Amendment of Act of 2007 |
34. Amendment of Act of 2002 |
35. Authorised officers for purposes of Regulations |
36. Amendment of European Communities (Cooperation between National Authorities Responsible for the Enforcement of Consumer Protection Laws) Regulations 2006 ( S.I. No. 290 of 2006 ). |
37. Amendment of European Communities (Court Orders for the Protection of Consumer Interests) Regulations 2010 ( S.I. No. 555 of 2010 ) |
38. Offences and penalties |
39. Consumer’s rights cannot be waived |
40. Revocations |
SCHEDULE 1 |
Information to be provided prior to conclusion of on-premises contracts |
SCHEDULE 2 |
Information to be provided prior to conclusion of off-premises contracts and distance contracts |
SCHEDULE 3 |
Information concerning the exercise of the right to cancel |
S.I. No. 484 of 2013 |
EUROPEAN UNION (CONSUMER INFORMATION, CANCELLATION AND OTHER RIGHTS) REGULATIONS 2013 |
Notice of the making of this Statutory Instrument was published in |
“Iris Oifigiúil” of 13th December, 2013. |
I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Directive 2011/83/EU of the European Parliament and of the Council of 25 October 20111 , hereby make the following regulations: |
PART 1 |
Preliminary Matters |
Citation and Commencement |
1. (1) These Regulations may be cited as the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013. |
(2) These Regulations come into operation on 13 June 2014 and apply to contracts concluded after that date. |
Interpretation |
2. (1) In these Regulations— |
“Act of 1893” means the Sale of Goods Act 1893 (1893, c. 71); |
“Act of 1980” means the Sale of Goods and Supply of Services Act 1980 (No. 16 of 1980); |
“Act of 2002” means the Communications Regulation Act 2002 (No. 20 of 2002); |
“Act of 2007” means the Consumer Protection Act 2007 (No. 19 of 2007); |
“Agency” means the National Consumer Agency; |
“authorised officer” means a person appointed under— |
(a) section 39 of the Act of 2002, or |
(b) section 30 of the Act of 2007; |
“business premises” means— |
(a) any immovable retail premises where a trader carries out his or her activity on a permanent basis, or |
(b) any movable retail premises where a trader carries out his or her activity on a usual basis; |
“commercial guarantee” means any undertaking by a trader or producer to a consumer (in addition to the trader’s legal obligation to supply goods in conformity with the contract) to reimburse the price paid or to replace, repair or service goods in any way if they do not meet the specifications or any other requirements not related to conformity set out in the guarantee statement or in the relevant advertising available at or before the conclusion of the contract; |
“Commission” means the Commission for Communications Regulation; |
“consumer” means a natural person who is acting for purposes which are outside the person’s trade, business, craft or profession; |
“digital content” means data which are produced and supplied in digital form; |
“Directive” means Directive 2011/83/EC of the European Parliament and of the Council of 25 October 2011; |
“distance contract” means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, and with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded; |
“district heating” means the supply of heat (in the form of steam, hot water or otherwise) to multiple buildings from a central source of production through a transmission and distribution system for the purposes of heating; |
“durable medium” means any medium, including paper and e-mail, that— |
(a) enables its recipients to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information, and |
(b) allows the unchanged reproduction of the stored information; |
“financial service” means any service of a kind normally provided in the ordinary course of carrying on a banking business, an insurance business or a business of providing credit, personal pensions, an investment service or a payment service; |
“functionality” in relation to digital content includes region coding, restrictions applied for the purpose of protecting digital rights and other technical restrictions; |
“gambling” means wagering a stake with pecuniary value in games of chance, including lotteries, casino games and betting transactions; |
“goods” means any tangible movable items with the exception of items sold by way of execution or otherwise by authority of law, and includes gas, water and electricity put up for sale in a limited volume or a set quantity; |
“healthcare” means health services provided by health professionals to patients in order to assess, maintain or restore their state of health, whether or not these services are provided via healthcare facilities, and includes the prescription, dispensing and provision of medicinal products and medical devices; |
“off-premises contract” means each of the following contracts between a trader and a consumer: |
(a) a contract concluded in the simultaneous physical presence of the trader and the consumer in a place which is not the business premises of the trader; |
(b) a contract for which an offer was made by the consumer in the simultaneous physical presence of the trader and the consumer in a place which is not the business premises of the trader; |
(c) a contract concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer; |
(d) a contact concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer; |
“on-premises contract” means a contract between a trader and a consumer which is not a distance contract or an off-premises contract; |
“passenger transport services” means services for the conveyance of passengers by air, rail, road, sea or waterway, but excludes car rental services; |
“public auction” means a method of sale under which— |
(a) goods or services are offered by the trader through a transparent, competitive bidding procedure run by an auctioneer to consumers who attend, or are given the possibility to attend, the auction in person, and |
(b) the successful bidder is bound to purchase the goods or services; |
“sales contract” means a contract under which a trader transfers or undertakes to transfer the ownership of goods to a consumer and the consumer pays or undertakes to pay the price thereof, and includes a contract that has as its object both goods and services; |
“service contract” means a contract, other than a sales contract, under which a trader supplies or undertakes to supply a service to a consumer and the consumer pays or undertakes to pay the price thereof, but excludes contracts for the supply of— |
(a) digital content not supplied on a tangible medium, |
(b) water, gas or electricity not supplied in a limited volume or set quantity, and |
(c) district heating; |
“social services” includes services related to social housing, childcare and the support of families and persons permanently or temporarily in need, including long-term care; |
“trader” means— |
(a) a natural person, or |
(b) a legal person, whether— |
(i) privately owned, |
(ii) publicly owned, or |
(iii) partly privately owned and partly publicly owned, |
who is acting for purposes related to the person’s trade, business, craft or profession, and includes any... |
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