OpenLegislation

Paragraph 2 I1

Notwithstanding the provisions of Article 3, a choice of law made by the parties shall not have the result of depriving the consumer of the protection afforded to him by the mandatory rules of the law of the country in which he has his habitual residence:

  • –if in that country the conclusion of the contract was preceded by a specific invitation addressed to him or by advertising, and he had taken in that country all the steps necessary on his part for the conclusion of the contract, or

  • –if the other party or his agent received the consumer’s order in that country, or

  • –if the contract is for the sale of goods and the consumer travelled from that country to another country and there gave his order, provided that the consumer’s journey was arranged by the seller for the purpose of inducing the consumer to buy.

Annotations

Commencement

I1

Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Notes on Schedule 1

Textual amendments

F1

Words in Sch. 1 omitted (31.12.2020) by virtue of The Law Applicable to Contractual Obligations and Non-Contractual Obligations (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/834), regs. 1, 3(9)(a); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2

Notes on Part Title II

Commencement

I1

Schedule 1 wholly in force at 1.4.1991 see s. 7 and S.I. 1991/707, art. 2