Regulation 12 Return of returnable goods to the trader following cancellation

(1)

This regulation applies where returnable goods were supplied to a consumer by means of sale in exchange for one or more relevant payments under a subscription contract which has been cancelled.

(2)

Subject to paragraph (3), the consumer—

(a)

is responsible for returning the returnable goods mentioned in paragraph (1) to the trader by—

(i)

sending them to the trader at the return address, or

(ii)

handing them over to the trader or a person authorised by the trader to receive them,

without undue delay and, in any event, before the end of the return period, and

(b)

must bear the direct costs of doing so, unless the trader agrees to pay those costs.

(3)

If one or more of the circumstances specified in paragraph (4) apply, the trader—

(a)

is responsible for collecting the returnable goods mentioned in paragraph (1) from the consumer, and

(b)

must bear the costs of doing so.

(4)

The circumstances mentioned in paragraph (3) are—

(a)

the trader has agreed to collect the returnable goods;

(b)

where the subscription contract has been cancelled during the initial cooling-off period, in relation to that contract the trader has failed to—

(i)

give, or make available, to the consumer the information set out in paragraph 21(d)(iii) of Schedule 23 to the DMCCA (“returns and costs of returns information”) in accordance with section 256(1)(b) of the DMCCA (duty to give, or make available, full pre-contract information to the consumer);

(ii)

where section 257(9) of the DMCCA (duty to give full pre-contract information to the consumer in writing on a durable medium) applies, give the consumer the returns and costs of returns information in accordance with that section;

(iii)

give the consumer the returns and costs of returns information in accordance with section 272(8) (general information requirements with respect to transparency including a clear and plain language requirement);

(c)

where the subscription contract has been cancelled during a renewal cooling-off period, in relation to that period, the trader has failed to give the consumer the information set out in section 266(2)(f)(iii) of the DMCCA (cooling-off notice information on returns and costs of returns) in accordance with section 266 of the DMCCA (requirement to give a cooling-off notice) or 272(8) of that Act (general information requirements with respect to transparency) or both;

(d)

the subscription contract is an off-premises subscription contract and the returnable goods—

(i)

were delivered to the consumer’s home, and

(ii)

cannot normally be returned by post.

(5)

For the purposes of paragraph (2)(a)—

(a)

the “return address” in relation to a trader is—

(i)

any address specified by the trader as an address to which returnable goods may be sent back;

(ii)

if no such address is specified, any address specified by the trader as being an address which the consumer may use to contact the trader;

(iii)

if no address is specified for either of those purposes, any place of business of the trader;

(b)

the “return period” is the period of 14 days beginning with the day after the day on which the consumer cancels the subscription contract.

(6)

A consumer is to be treated for the purposes of this Chapter as having returned the returnable goods mentioned in paragraph (1) to the trader in accordance with paragraph (2)(a)(i) (whether or not the trader receives those goods), if the consumer—

(a)

sends them properly addressed to the trader at the return address, and

(b)

unless the trader has agreed to bear the costs of sending them to the trader, has paid those costs.

(7)

No costs other than those provided for by this regulation may be imposed on a consumer in relation to the returning of the returnable goods under paragraph (2).