European Communities (Cancellation of Contracts Negotiated Away From Business Premises) Regulations, 1989

• Jurisdiction: Ireland
• Citation: IR SI 224/1989
• Year: 1989

S.I. No. 224 of 1989.

EUROPEAN COMMUNITIES (CANCELLATION OF CONTRACTS NEGOTIATED AWAY FROM BUSINESS PREMISES) REGULATIONS, 1989.

I, DESMOND O'MALLEY, Minister for Industry and Commerce, 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 Council Directive No. 85/577/EEC of 20 December, 1985(1) hereby make the following Regulations:

(1) O.J. No. L372/31, 31.12.85. 1. (1) These Regulations may be cited as the European Communities (Cancellation of Contracts Negotiated away from Business Premises) Regulations, 1989.

(2) These Regulations shall come into operation on the 1st day of November, 1989. 2. (1) In these Regulations—

"cancellation form" has the meaning assigned to it by Regulation 4 of these Regulations;

"cancellation notice" has the meaning assigned to it by Regulation 4 of these Regulations;

"consumer" means a natural person who, in transactions covered by these Regulations, is acting for purposes which can be regarded as outside his trade or profession;

"the Council Directive" means Council Directive No. 85/577/EEC of 20 December, 1985(2);

(2) O.J. No. L372/31, 31.12.85.

"securities" has the meaning assigned to it by section 2 of the Central Bank Act, 1971 (No. 24 of 1971);

"trader" means a natural or legal person who, for the transaction in question, acts in his commercial or professional capacity, and anyone acting in the name or on behalf of a trader.

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary intention appears, the same meaning in these Regulations that it has in the Council Directive. 3. (1) These Regulations apply—

( a ) to contracts under which a trader supplies goods or services to a consumer and which are concluded—

(i) during an excursion organised by the trader away from his business premises, or

(ii) during a visit by a trader—

(I) to the consumer's home or to that of an other consumer, or

(II) to the consumer's place of work,

where the visit does not take place at the express request of the consumer,

( b ) to contracts for the supply of goods or services, other than those referred to in paragraph (a) of this Regulation, concerning which the consumer requested the visit of the trader; provided that when he requested the visit the consumer did not know, or could not reasonably have known, that the supply of those other goods or services formed part of the traders commercial or professional activities,

( c ) to contracts in respect of which an offer was made by the consumer under conditions similar to those described in subparagraphs (a) or (b) of this paragraph although the consumer was not bound by that offer before its acceptance by the trader, and

( d ) to offers made contractually by the consumer under conditions similar to those described in subparagraphs (a) or (b) of this paragraph where the consumer is bound by his offer.

(2) These Regulations shall not apply to—

( a ) any contract the consideration whereof is less than £40,

( b ) any contract for the construction, sale and rental of immovable property or contracts concerning other rights relating to immovable property; provided, however, these Regulations shall apply to contracts for the supply of goods and for their incorporation in immovable property or contracts for repairing immovable property,

( c ) contracts for the supply of foodstuffs or beverages or other goods intended for current consumption in the household and supplied by regular roundsmen,

( d ) contracts for the supply of goods and services where the following conditions are satisfied, namely—

(i) the contract is concluded on the basis of a trader's catalogue which the consumer has a reasonable opportunity to read in the absence of the trader or his representative,

(ii) there is an intention on the part of the parties to the contract to maintain continuity of contract between the trader, or his representative, and the consumer in relation to the transaction which is the subject of the contract or any subsequent transaction, and

(iii) both the catalogue and the contract clearly state that the consumer has a right to return the goods to which the contract relates to the trader or his representative or otherwise to cancel the contract, within a period of not less than seven days without the consumer's incurring any liability other than that arising from a failure to take reasonable care of the goods,

( e ) contracts for insurance or assurance, and

( f ) contracts for the sale of securities. 4. (1) A contract to which these Regulations apply shall not be enforceable against a consumer unless the trader delivered to the consumer at the times referred to in paragraph (2) of this Regulation—

( a ) a notice in writing (to be known and in these Regulations referred to as "a cancellation notice") that—

(i) provides the information set out in Part I of the Schedule...