Section 261 Duties of trader on cancellation or end of subscription contractI1

United Kingdom Not yet in force

(1)

This section applies where a consumer—

(a)

has exercised a right under this Chapter to cancel a subscription contract, or

(b)

has exercised a right to bring a subscription contract to an end.

(2)

The trader must—

(a)

give the consumer a notice acknowledging that fact (referred to in this Chapter as an “end of contract notice”), and

(b)

if an overpayment has been received by the trader from the consumer, refund that overpayment.

(3)

An end of contract notice must set out—

(a)

the date on which the contract was or will be cancelled or on which it came, or will come, to an end, and

(b)

any other information required by regulations under section 277 (1)(b).

(4)

An end of contract notice must be given—

(a)

in accordance with subsection (5),

(b)

in writing on a durable medium, and

(c)

in accordance with any other requirements specified in regulations under section 277 (1)(a).

(5)

An end of contract notice must be given—

(a)

before the end of such period as may be specified in regulations under section 277 (1)(a), or

(b)

if no such period is specified—

(i)

in the case of a consumer exercising a right mentioned in subsection (1) by giving a notification online, before the end of the period of 24 hours from the time that the consumer gives the notification;

(ii)

in a case where the consumer exercises such a right by giving a notification in any other way, before the end of the period of 3 working days beginning with the day after the day that the consumer gives that notification.

(6)

In subsection (2)(b) “overpayment”, in relation to a subscription contract, means any payment made by the consumer for which the consumer is not liable as a result of cancelling the subscription contract or bringing it to an end.

Annotations

Commencement

I1: S. 261 not in force at Royal Assent, see s. 339(1)