Regulation 15 Perishable or bespoke goods supplied

(1)

This regulation applies where—

(a)

perishable or bespoke 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, and

(b)

the condition in paragraph (2) is met.

(2)

The condition is that—

(a)

in the case of a contract cancelled during the initial cooling-off period, the trader has met the initial cooling-off information requirement in relation to that contract;

(b)

in the case of a contract cancelled during a renewal cooling-off period, the trader has met the renewal cooling-off notice requirement in relation to that period.

(3)

Where this regulation applies, the consumer’s liability for relevant payments is extinguished by (T − (E + F)), where—

(a)

“T” is the total amount of those payments,

(b)

“E” is the amount of those payments that the consumer is liable to pay under the subscription contract in exchange for the perishable or bespoke goods supplied by means of sale, and

(c)

“F” is the cost of the least expensive common and generally acceptable kind of delivery offered by the trader under that contract for the perishable or bespoke goods supplied.

(4)

If the consumer has made any relevant payments to the trader which in total exceed the amount of (E + F), the trader must refund those payments less that amount to the consumer.