Consumer Rights Act 2022

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Application (Chapter 5)

111. This Chapter does not apply to a distance contract or an off-premises contract concluded between a trader and a consumer that is—

(a) a service contract, where the service has been fully supplied and the supply of the service began with the consumer’s prior express consent and acknowledgement that he or she will lose the right to cancel once the service has been fully supplied by the trader,

(b) a contract under which the trader supplies or undertakes to supply a digital service to the consumer and under which the consumer does not pay or undertake to pay the price of the digital service, where the digital service has been fully supplied,

(c) a contract under which the trader supplies or undertakes to supply a digital service to the consumer and under which the consumer pays or undertakes to pay the price of the digital service, where—

(i) the digital service has been fully supplied, and

(ii) the supply of the digital service began with the consumer’s prior express consent and acknowledgement that he or she will lose the right to cancel once the digital service has been fully supplied by the trader,

(d) a contract under which the trader supplies or undertakes to supply digital content that is not supplied on a tangible medium to the consumer and under which the consumer does not pay or undertake to pay the price of the digital content, where supply of the digital content has begun,

(e) a contract under which the trader supplies or undertakes to supply digital content that is not supplied on a tangible medium to the consumer and under which the consumer pays or undertakes to pay the price of the digital content, where—

(i) supply of the digital content has begun,

(ii) the consumer provided prior express consent to the supply beginning during the cancellation period and an acknowledgement that he or she will thereby lose the right to cancel, and

(iii) the trader provided confirmation of the contract in accordance with section 105 or, as the case may be, section 109 ,

(f) a contract under which the trader supplies or undertakes to supply goods, a service or a digital service, whose price is dependent on fluctuations in the financial market that may occur during the cancellation period and that cannot be controlled by the trader,

(g) a contract for the supply of non-prefabricated goods made on the basis of an individual choice of, or decision by, the consumer,

(h) a contract for the supply of goods that are clearly personalised,

(i) a contract for the supply of goods that are liable to deteriorate or expire rapidly,

(j) a contract for the supply of sealed goods that—

(i) are not suitable for return for health protection and hygiene reasons, and

(ii) were unsealed after delivery,

(k) a contract for the supply of goods that are, according to their nature, inseparably mixed with other items after their delivery,

(l) a contract for the supply of an alcoholic beverage where—

(i) the price has been agreed at the time of the conclusion of the contract,

(ii) the delivery of the beverage is to take place more than 30 days after the conclusion of the contract, and

(iii) the value of the beverage is dependent on fluctuations in the market that cannot be controlled by the trader,

(m) subject to subsection, a contract under which the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance,

(n) a contract for the supply of sealed audio or sealed video recordings or sealed computer software that were unsealed after delivery,

(o) a contract for the supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications,

(p) a contract concluded at a public auction, or

(q) a contract for—

(i) the provision of accommodation other than for residential purposes,

(ii) the transport of goods,

(iii) car rental services,

(iv) catering, or

(v) services related to leisure activities,

where the contract provides for a specific date or period of performance.