S.I. No. 224/1989 - European Communities (Cancellation of Contracts Negotiated Away From Business Premises) Regulations, 1989.

1. The name of the trader.

2. The trader's reference number, code or other details to enable the contract or offer to be identified.

3. A statement that the consumer has a right to cancel the contract if he wishes and that this right can be exercised by delivering or sending a written cancellation form to the person mentioned in paragraph 4 within a period not being less than 7 days following the making of the contract.

4. The name and address of a person to whom the cancellation form may be delivered or sent.

5. A statement that the consumer can use the cancellation form provided if he wishes.

6. The date on which the notice is given to the consumer.

PART II

MODEL CANCELLATION FORM

(Complete and return this form ONLY IF YOU WISH TO CANCEL THE CONTRACT.)

To: ............................................................ ............................................................ ..........................................

1

I/We* hereby give notice that I/We* wish to cancel my/our* contract

............................................................ ............................................................ .................................................2

Signed ............................................................ ............................................................ ......................................

Date ............................................................ ............................................................ ..........................................

Time at which goods may be collected ............................................................ ...............................................

Place at which goods may be collected ............................................................ ...............................................

*Delete as appropriate

Notes

1

Trader to insert name and address of person to whom notice may be given.

2

Trader to insert reference number, code or other details to enable the contract or offer to be identified. He may also insert the name and address of the consumer.

EXPLANATORY NOTE.

These Regulations give effect to Council Directive 85/577/EEC relating to contracts negotiated away from business premises.

The Regulations provide that in any contract to which the Regulations apply, the consumer will have a right to receive from the trader

—a written notice which states, inter alia, that the consumer has a right to cancel the contract, and

—cancellation form on which to exercise this right.

If these are not given by the trader, the contract is unenforceable.

There are also provisions in relation to

—the repayment of money paid to the trader by the consumer,

—part-exchange goods,

—the demanding of money or the making of threats by the trader in respect of an unenforceable contract, and

— the collection of goods covered by the cancelled contract.

7. (1) This Regulation shall apply on the cancellation of a contract to which these Regulations apply where the trader agreed to take goods in part-exchange and those goods have been delivered to him.

(2) Unless, before the end of the period of 10 days beginning with the date of cancellation, the part-exchange goods are returned to the consumer in a condition substantially as good as when they were delivered to the trader, the consumer shall be entitled to recover from the trader a sum equal to the part-exchange allowance.

(3) During the period of ten days beginning with the date of cancellation, the consumer, if he is in possession of goods to which the cancelled contract relates, shall have a lien on them for—

(

a

) delivery of the part-exchange goods in a condition substantially as good as when they were delivered to the trader; or

(

b

) a sum equal to the part-exchange allowance;

and if the lien continues to the end of that period it shall thereafter subsist only as a lien for a sum equal to the part-exchange allowance.

(4) In this Regulation:—

"part-exchange goods" means any goods which the trader has agreed to take from the consumer in lieu of part of the sum which would otherwise be payable for the goods the subject of the contract,

"the part-exchange allowance" means the sum agreed as such in the cancelled contract, or if no such sum was agreed, such sum as it would have been reasonable to allow in respect of the part-exchange goods if no notice of cancellation had been sent,

"the date of cancellation" means the date on which the consumer delivers or sends a cancellation form as provided for in Regulation 5 of these Regulations.

GIVEN under my Official Seal, this 6th day of September, 1989.

DESMOND O'MALLEY,

Minister for Industry and Commerce.

SCHEDULE

PART I

INFORMATION TO BE PROVIDED BY A CANCELLATION NOTICE

S.I. No. 224 of 1989.

EUROPEAN COMMUNITIES (CANCELLATION OF CONTRACTS NEGOTIATED AWAY FROM BUSINESS PREMISES) REGULATIONS, 1989.

I, DESMOND O'MALLEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by

section 3

of the

European Communities Act, 1972

(No. 27 of 1972), and for the purpose of giving effect to Council Directive No. 85/577/EEC of 20 December, 1985

(1)

hereby make the following Regulations

(1)

O.J. No. L372/31, 31.12.85.