Regulation 5 Initial cooling-off period extended
This regulation applies where a trader fails to meet the initial cooling-off information requirement in relation to a subscription contract.
The initial cooling-off period in relation to the subscription contract—
does not end on the day on which it would otherwise end in the absence of this regulation (that is at the end of the period of 14 days mentioned in section 265(1)(b)(i) or (ii) of the DMCCA, referred to in this regulation as the “original ICOP end date”), and
instead ends at the end of the period specified in paragraph (3).
The period mentioned in paragraph (2)(b) is—
where the trader complies with paragraph (4) before the end of the period of 12 months beginning with the first day of the period mentioned in section 265(1)(b)(i) or (ii) of the DMCCA, the period of 14 days beginning with the day on which the trader complies with paragraph (4), or
where the trader does not comply with paragraph (4) before the end of that 12 month period, the period of 12 months beginning with the original ICOP end date.
A trader complies with this paragraph by giving the relevant information to the consumer in writing on a durable mediumf1.
The relevant information is—
the initial cooling-off information to which the initial cooling-off information requirement referred to in paragraph (1) relates, modified to take into account the time at which that initial cooling-off information is given to the consumer, including information about when the initial cooling-off period ends as provided for in paragraph (3)(a), and
information confirming that the initial cooling-off period has been extended as provided for in this regulation.
Annotations
Footnotes
- f1
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See section 280(1) of the DMCCA for the definition of “durable medium” and see section 272(8) of the DMCCA which sets out the additional requirement that any information that a trader gives to a consumer under these Regulations must be given in clear and plain language and, if given in writing, be in legible form.