Consumer Rights Act 2022

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Chapter 4

Consumer information for distance contract

Information requirements for distance contract

106. (1) Before the consumer is bound by a distance contract or any corresponding offer, the trader shall give or make available to the consumer—

(a) in plain and intelligible language and in a way appropriate to the means of distance communication used, the information specified in Schedule 3, and

(b) where a right to cancel the contract exists, the model cancellation form set out in Part 2 of Schedule 4 .

(2) The trader may provide the information specified in clauses (m) to (o) of Schedule 3 by means of the instructions on cancellation set out in Part 1 of Schedule 4 , and a trader who correctly supplies those instructions shall be deemed to have complied with the duties imposed by subsection (1) in respect of those clauses.

(3) In the case of a public auction, the information specified in clauses (b), (d) and (e)(i) of Schedule 3 may be provided in relation to the auctioneer rather than the trader on whose behalf the auctioneer has acted and, if so, the information specified in clauses (c) and (e)(ii) of Schedule 3 shall be provided in relation to that trader.

(4) Where the information referred to in subsection (1)(a) or the cancellation form referred to in subsection (1)(b) is provided on a durable medium, it shall be legible.

(5) All means of communication provided by the trader under clause (d) of Schedule 3 shall enable the consumer to contact the trader quickly and communicate with the trader efficiently.

(6) Where a distance contract is concluded through a means of distance communication that allows limited space or time to display the information, the trader shall provide—

(a) the information specified in clauses (a), (b), (f) to (h), (m) and (t) of Schedule 3 on or through that means of communication in accordance with subsections (1) and (2), and

(b) the other information specified in Schedule 3 and the model cancellation form set out in Part 2 of Schedule 4 in an appropriate way in accordance with subsections (1) to (4).

(7) Without prejudice to subsection (6), a trader who makes a telephone call to the consumer with a view to concluding a distance contract shall, at the beginning of that call, disclose—

(a) the trader’s identity,

(b) where the call is made on behalf of another trader, the identity of that other trader, and

(c) the commercial purpose of the call.

(8) Where a distance contract is concluded through a trading website, the trader shall ensure that—

(a) the website indicates clearly and legibly—

(i) whether any delivery restrictions apply, and

(ii) which means of payment are accepted,

and

(b) the information referred to in paragraph (a) is indicated at or before the beginning of the ordering process.

(9) The information referred to in subsection (1)(a) forms part of the distance contract and shall not be altered without the express agreement of the trader and the consumer.

(10) If the trader has not complied with subsection (1) in respect of clauses (g) and (n) of Schedule 3 , the consumer is not liable for the charges or costs specified in those clauses.

(11) A trader who contravenes subsection (1), (6), (7) or (8) commits an offence.