Regulation 4 Interpretation of Part 2

In this Part—

• “hire”, in relation to the supply of goods, means the trader gives or agrees to give the consumer possession of the goods with the right to use them for a period determined in accordance with the subscription contract without the trader transferring or agreeing to transfer ownership of the goods to the consumer;

• “initial cooling-off information” means the information set out in paragraph 21 of Schedule 23 to the DMCCA;

• “initial cooling-off information requirement” means the trader’s duties—

  1. (a)

     to give, or make available, to the consumer the initial cooling-off information in accordance with section 256(1)(b) of the DMCCA,

  2. (b)

     where section 257(9) of the DMCCA applies, to give the consumer the initial cooling-off information in accordance with that section, and

  3. (c)

     to give the consumer the initial cooling-off information in accordance with section 272(8) of the DMCCA;

• “off-premises subscription contract” has the meaning given for the purposes of section 268 of the DMCCA (see subsection (5) of that section);

• “optional delivery amount” means a payment for the delivery of goods that the consumer expressly chooses to make in addition to the cost of the least expensive common and generally acceptable kind of delivery offered by the trader under the subscription contract for those goods;

• “relevant payment”—

  1. (a)

     in relation to a subscription contract cancelled under section 264(1) of the DMCCA during the initial cooling-off period^f1 means any payment, other than a hire-excluded amount and an optional delivery amount, for which the consumer became liable under the contract;

  2. (b)

     in relation to a subscription contract cancelled under section 264(1) of the DMCCA during a renewal cooling-off period^f2 means—

     1. (i)

        the relevant renewal payment;

     2. (ii)

        any payment, other than a hire excluded amount and an optional delivery amount, for which the consumer became liable under the contract subsequent to that renewal payment;

• “relevant renewal payment” means the renewal payment^f3 mentioned in section 265(3)(a) or (b) of the DMCCA which gave rise to the renewal cooling-off period during which the contract is cancelled by the consumer under section 264(1)(b) of the DMCCA;

• “renewal cooling-off notice requirement” means the trader’s duty to give the consumer a cooling-off notice^f4 in accordance with sections 266 and 272(8) of the DMCCA.