All you need to know about  the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

Information which a trader must give to a consumer before and after making a sale. This is the need to ensure the customer understands what goods and services are being provided and ensuring there are no hidden costs. If the paperwork does not comply with the requirements the consumer may not have to pay. When retailers send you email confirmation of the purchase this must now include a full description of the goods and services purchased including their characteristics and the full price including tax and any additional charges or delivery prices.

How that information should be given

The purpose of the ‘durable medium’ requirement is to ensure that, should a dispute arise at some point after the contract has been concluded, both parties have a record of what was agreed. The burden of proof that the relevant information has been provided rests with the trader.

Consumers’ right to change their mind when buying at a distance or off -premises

Consumers now have 14 days to inform the company from receiving delivery and then a further 14 days from then to return items because they change their mind. In addition, refunds on cancelled contracts can be delayed until goods are returned. However, if the company has not provided the right information to the consumer then the length of the cooling off period can be extended.

Although there are some exemptions:

Fresh food and flowers
Personalised or perishable goods
Accommodation/transport/leisure services purchased for a particular timeframe
Newspapers and magazines (unless they are part of a subscription)
Sealed audio, video or computer software that has been opened
Buying or building property or paying rent
Medical products and services
Hiring a taxi, boat or plane
Goods that fluctuate in price (such as foreign exchange)
Emergency repairs and maintenance
Financial products, package holidays or timeshares (different rights apply)

Delivery times and passing of risk

Unless agreed with the trader, goods should be delivered without undue delay and within 30 days. If a particular date or period for delivery has been agreed then delivery should be within that time.

Prohibition on any additional payments which appear as a default option

Traders will need the active consent of the consumer for all payments – e.g. pre-ticked
boxes for additional payments, will no longer be permitted. Consumers will not be liable
for costs which they have not been told, pre-contract, that they must bear.

Prohibition on not providing basic rate numbers for post-contract customer helplines

Where traders offer telephone helplines for consumers to contact them about something they have bought, there should be a number available on which the consumer can call for this purpose at no more than the basic rate. This includes financial institutions. Currently there is no requirement for package holiday and timeshare companies either. Some technical helplines may be exempt as well. This is as long as they’re not using lines that customers are also expected to call to discuss problems with something that they’ve already bought. There are exclusions such as financial
services, the property sector and government department helplines.