Consumer Rights Act 2022
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Obligations of consumer in event of termination of service contract | ||
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88. (1) This section applies where a consumer has the right under section 84 (1) or (2) or 86 (2)(b) to terminate a service contract. | ||
(2) The consumer shall exercise his or her right to terminate the service contract by means of a statement to the trader expressing the decision to terminate the service contract. | ||
(3) A consumer who exercises the right to terminate the service contract— | ||
(a) subject to subsections (4) and (5), shall make any goods and other materials supplied under the service contract available for collection by the trader, | ||
(b) shall not use any digital content or digital service supplied under the service contract, and | ||
(c) shall not make any digital content or digital service supplied under the service contract available to any third person. | ||
(4) The consumer shall not be required to make the goods available for collection by the trader or to return the goods or other materials to the trader if their collection or return— | ||
(a) would cause disproportionate inconvenience to the consumer, or | ||
(b) would damage the property of the consumer. | ||
(5) Subsection (3)(a) shall not apply where— | ||
(a) the consumer and the trader agree that the consumer should return the goods and any other materials to the trader and the trader should bear the cost to the consumer of doing so, and | ||
(b) the consumer and the trader comply with the agreement. | ||
(6) If a consumer fails to comply with an obligation imposed by subsection (3) or fails to return the goods and any other materials under an agreement such as is mentioned in subsection (5), he or she shall be liable in damages for any loss or damage suffered by the trader as a result of the failure. |