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Terms and
Conditions
Of
Website Usage
Of
Online Company Trade
Note:
The design and
recommendation for use of the tools is the responsibility of Z B
Tools Ltd.
First Components
Limited accept no responsibility or liability for
operator error or faulty wiring
Terms & Conditions of Website Usage
“First Components Limited” provides a Website
www.wirecrimpingtools.co.uk;
www.wirestrippingstools.co.uk &
www.firstcomponents.co.uk ("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 “First Components Limited”;
· "Website" means Our Website at
www.wirecrimpingtools.co.uk;
www.wirestrippingstools.co.uk &
www.firstcomponents.co.uk 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 “First Components
Limited”
3.2 The Website is a service provided to enable You
to find information about the range of products and
service provided by “First Components Limited”. 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 “First Components Limited”, “First Components
Limited” 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 “First Components Limited”. 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 “First
Components Limited” 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© “First Components Limited” 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
“First Components Limited” 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.wirecrimpingtools.co.uk;
www.wirestrippingstools.co.uk &
www.firstcomponents.co.uk Website and when You apply
for or use any product or service featured in the
Website. “First Components Limited” aims to provide
a service which meets Your individual requirements
and needs.
By accessing and using the Website You confirm Your
consent to “First Components Limited” 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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