Consumer Rights Regulations, 2013

L.N. 439 of 2013

CONSUMER AFFAIRS ACT

(CAP. 378)

Consumer Rights Regulations, 2013

IN exercise of the powers conferred upon her by article 7 of the

Consumer Affairs Act, the Minister for Social Dialogue, Consumer

Affairs and Civil Liberties, after consultation with the Consumer

Affairs Council, has made the following regulations:-

PART I

PRELIMINARY

(1)

The title of these regulations is the Consumer Citation,

purpose and

Rights Regulations, 2013.

commencement.

(2) The purpose of these regulations is to implement Directive

2011/83/EU of the European Parliament and of the Council of the 25

October 2011 on consumer rights amending Council Directive 93/13/

EEC and Directive 1999/44/EC of the European Parliament and of the

Council and repealing Council Directive 85/577/EEC and Directive

97/7/EC of the European Parliament and of the Council.

(3) These regulations shall come into force on the 13 June

2014.

(1)

Any reference in these regulations to the "Act" is a Interpretation.

reference to the Consumer Affairs Act, and the provisions of article 2 Cap. 378.

of the said Act shall apply to these regulations, provided that the

definitions contained in sub-regulation (2) shall in all instances for

the purposes of these regulations prevail.

(2) In these regulations, unless the context otherwise requires -

"ancillary contract" means a contract by which the consumer

acquires goods or services related to a distance contract or an off-

premises contract and where those goods are supplied or those

services are provided by the trader or by a third party on the basis of

an arrangement between that third party and the trader;

"business premises" means

(a)

any immovable retail premises where the trader

carries out his activity on a permanent basis; or

(b)

any movable retail premises where the trader

carries out his activity on a usual basis;

"commercial guarantee" means any undertaking by the trader or

a producer (the guarantor) to the consumer, in addition to his legal

obligation relating to the guarantee of conformity, to reimburse the

not meet the specifications or any other requirements not related to

conformity set out in the guarantee statement or in the relevant

advertising available at the time of, or before the conclusion of the

contract;

"consumer" means any natural person who, in contracts covered

by these regulations, is acting for purposes which are outside his

trade, business, craft or profession;

"digital content" means data which are produced and supplied in

digital form;

"distance contract" means any contract concluded between the

trader and the consumer under an organised distance sales or service-

provision scheme without the simultaneous physical presence of the

trader and the consumer, with the exclusive use of one or more means

of distance communication up to and including the time at which the

contract is concluded;

"durable medium" means any instrument which enables the

consumer or the trader to store information addressed personally to

him in a way accessible for future reference for a period of time

adequate for the purposes of the information and which allows the

unchanged reproduction of the information stored;

"financial service" means any service of a banking, credit,

insurance, personal pension, investment or payment nature;

"goods" means any tangible movable items, with the exception

of items sold by way of execution or otherwise by authority of law

Provided that water, gas and electricity shall be considered

as goods within the meaning of these regulations where they are put

up for sale in a limited volume or a set quantity;

"goods made to the specifications of the consumer" means non-

prefabricated goods made on the basis of an individual choice of or

decision by the consumer;

"off-premises contract" means any contract between the trader

and the consumer

(a)

concluded in the simultaneous physical presence of

the trader and the consumer, in a place which is not the business

premises of the trader;

(b)

for which an offer was made by the consumer in

the same circumstances as referred to in paragraph (a);

(c)

concluded on the business premises of the trader or

through any means of distance communication immediately

after the consumer was personally and individually addressed in

a place which is not the business premises of the trader in the

simultaneous physical presence of the trader and the consumer;

or

(d)

concluded during an excursion organised by the

trader with the aim or effect of promoting and selling goods or

services to the consumer;

"public auction" means a method of sale where goods or

services are offered by the trader to consumers, who attend or are

given the possibility to attend the auction in person, through a

transparent, competitive bidding procedure run by an auctioneer and

where the successful bidder is bound to purchase the goods or

services;

"sales contract" means any contract under which the trader

transfers or undertakes to transfer the ownership of goods to the

consumer and the consumer pays or undertakes to pay the price

thereof, including any contract having as its object both goods and

services;

"service contract" means any contract other than a sales contract

under which the trader supplies or undertakes to supply a service to

the consumer and the consumer pays or undertakes to pay the price

thereof; and

"trader" means any natural person or any legal person,

irrespective of whether privately or publicly owned, who is acting,

including through any other person acting in his name or on his

behalf, for persons relating to his trade, business, craft or profession

in relation to contracts covered by these regulations.

(1)

These regulations shall apply, under the conditions Applicability.

and to the extent set out in their provisions, to any contract concluded

between a trader and a consumer. These regulations shall also apply

to contracts for the supply of water, gas or electricity, including by

public providers, to the extent that these commodities are provided on

a contractual basis.

(2) If any provision of these regulations conflicts with a

provision of another law governing specific sectors, the provision of

that other law shall prevail and shall apply to those specific sectors.

(3) These regulations shall not apply to contracts

(a)

for social services, including social housing,

childcare and support of families and persons permanently or

temporarily in need, including long-term care;

(b)

for healthcare as defined in regulation 2 of the

Cross-Border Healthcare Regulations;

(c)

for gambling, which involves wagering a stake

with pecuniary value in games of chance, including lotteries,

casino games and betting transactions;

(d)

for financial services;

(e)

for the creation, acquisition or transfer of

immovable property or of rights in immovable property;

(f)

for the construction of new buildings, the

substantial conversion of existing buildings and for rental of

accommodation for residential purposes;

(g)

which fall within the scope of the Package Travel,

Package Holidays and Package Tours Regulations;

(h)

which fall within the scope of the Protection of

Consumer (Timeshare, Long-Term Holiday Product, Resale and

Exchange Contracts) Regulations;

(i)

which, in accordance with national law, are

established by a public office-holder who has a statutory

obligation to be independent and impartial and who must

ensure, by providing comprehensive legal information, that the

consumer only concludes the contract on the basis of careful

legal consideration and with knowledge of its legal scope;

(j)

for the supply of foodstuffs, beverages or other

goods intended for current consumption in the household, and

which are physically supplied by a trader on frequent and

regular rounds to the consumer’s home, residence or workplace;

(k)

for passenger transport services, with the exception

of regulations 9(2), 21 and 24;

(l)

concluded

by

means

of

automatic

vending

machines or automated commercial premises;

(m)

concluded with telecommunications operators

through public payphones for their use or concluded for the use

of one single connection by telephone, Internet or fax

established by a consumer.

(4) These regulations shall not apply to off-premises contracts

under which the overall price payable by the consumer does not

exceed thirty euro (€30).

(5) These regulations shall not affect national general contract

law such as the rules on the validity, formation or effect of a contract,

in so far as general contract law aspects are not regulated in these

regulations.

(6) These regulations shall not prevent traders from offering

consumers contractual arrangements which go beyond the protection

provided for in these regulations.

(7) These regulations shall only apply to contracts concluded

on or after the 13 June 2014.

PART II

CONSUMER INFORMATION FOR CONTRACTS OTHER THAN

DISTANCE OR OFF-PREMISES CONTRACTS

(1)

Before the consumer is bound by a contract other Information

than a distance or an off-premises contract, or any corresponding requirements

contracts other

offer, the trader shall provide the consumer with the following than

off-premises

information in a clear and comprehensible manner, if that information contracts.

is not already apparent from the context

(a)

the main characteristics of the goods or services, to

the extent appropriate to the medium and to the goods or

services;

(b)

the identity of the trader, such as his trading name,

the geographical address at which he is established and his

telephone number;

(c)

the total price of the goods or services inclusive of

taxes, or where the nature of the goods or services is such that

the price cannot reasonably be calculated in advance, the

manner in which the price is to be calculated, as well as, where

applicable, all additional freight, delivery or postal charges or,

where those charges cannot reasonably be calculated in

advance, the fact that such additional charges may be payable;

(d)

where applicable, the arrangements for payment,

delivery, performance, the time by which the trader undertakes

to deliver the goods or to perform the service, and the trader’s

complaint handling policy;

(e)

in addition to a reminder of the existence of a legal

guarantee of conformity for goods, the existence and the

conditions of after-sales services and commercial guarantees,

where applicable;

(f)

the duration of the contract, where applicable, or, if

the contract is of indeterminate duration or is to be extended

automatically, the conditions for terminating the contract;

(g)

where applicable, the functionality, including

applicable technical protection measures, of digital content;

(h)

where applicable, any relevant interoperability of

digital content with hardware and software that the trader is

aware of or can reasonably be expected to have been aware of.

(2) Sub-regulation (1) shall also apply to contracts for the

supply of water, gas or electricity, where they are not put up for sale

in a limited volume or set quantity, of digital content which is not

supplied on a tangible medium.

(3) Sub-regulation (1) shall not apply with regard to contracts

which involve day-to-day transactions and which are performed

immediately at the time of their conclusion.

PART III

CONSUMER INFORMATION AND RIGHT OF WITHDRAWAL

FOR DISTANCE AND OFF-PREMISES CONTRACTS

(1)

Before the consumer is bound by a distance or off-

premises contract, or any corresponding offer, the trader shall provide

the consumer with the following information in a clear and

comprehensible manner and in at least one of the official languages of

Malta

(a)

the main characteristics of the goods or services, to

the extent appropriate to the medium and to the goods or

services;

(b)

the identity of the trader, such as his trading name;

(c)

the geographical address at which the trader is

established and his telephone number, fax number and e-mail

address, where available, to enable the consumer to contact the

trader quickly and communicate with him efficiently and, where

applicable, the geographical address and identity of the trader

on whose behalf he is acting;

(d)

if different from the address provided in

accordance with paragraph (c), the geographical address of the

place of business of the trader, and, where applicable, that of the

trader on whose behalf he is acting, where the consumer can

address any complaints;

(e)

the total price of the goods or services inclusive of

taxes, or where the nature of the goods or services is such that

the price cannot reasonably be calculated in advance, the

manner in which the price is to be calculated, as well as, where

applicable, all additional freight, delivery or postal charges and

any other costs or, where those charges cannot reasonably be

calculated in advance, the fact that such additional charges may

be payable. In the case of a contract of indeterminate duration or

a contract containing a subscription, the total price shall include

the total costs per billing period. Where such contracts are

charged at a fixed rate, the total price shall also mean the total

monthly costs. Where the total costs cannot be reasonably

calculated in advance, the manner in which the price is to be

calculated shall be provided;

(f)

the cost of using the means of distance

communication for the conclusion of the contract where that

cost is calculated other than at the basic rate;

(g)

the arrangements for payment, delivery,

performance, the time by which the trader undertakes to deliver

the goods or to perform the services and, where applicable, the

complaint handling policy of the trader;

(h)

where a right of withdrawal exists, the conditions,

time limit and procedures for exercising that right in accordance

with regulation 13(1) , as well as the model withdrawal form set

out in Part B of the Schedule;

(i)

where applicable, that the consumer will have to

bear the cost of returning the goods in case of withdrawal and,

for distance contracts, if the goods, by their nature, cannot

normally be returned by post, the cost of returning the goods;

(j)

that, if the consumer exercises the right of

withdrawal after having made a request in accordance with

regulation 8(3) or regulation 9(8), the consumer shall be liable

to pay the trader reasonable costs in accordance with regulation

16(3);

(k)

where a right of withdrawal is not provided for in

accordance with regulation 18, the information that the

consumer will not benefit from a right of withdrawal or, where

applicable, the circumstances under which the consumer loses

his right of withdrawal;

(l)

a reminder of the existence of a legal guarantee of

conformity for goods;

(m)

where applicable, the existence and the conditions

of after-sale customer assistance, after-sales services and

commercial guarantees;

(n)

the existence of relevant codes of conduct, as

defined in article 51A of the Act and how copies of them can be

obtained, where applicable;

(o)

the duration of the contract, where applicable, or, if

the contract is of indeterminate duration or is to be extended

automatically, the conditions for terminating the contract;

(p)

where applicable, the minimum duration of the

obligations of the consumer under the contract;

(q)

where applicable, the existence and the conditions

of deposits or other financial guarantees to be paid or provided

by the consumer at the request of the trader;

(r)

where applicable, the functionality, including

applicable technical protection measures, of digital content;

(s)

where applicable, any relevant interoperability of

digital content with hardware and software that the trader is

aware of or can reasonably be expected to have been aware of;

(t)

where applicable, the possibility of having recourse

to an out-of-court complaint and redress mechanism, to which

the trader is subject, and the methods for having access to it.

(2) Sub-regulation (1) shall also apply to contracts for the

supply of water, gas or electricity, where they are not put up for sale

in a limited volume or set quantity, of digital content which is not

supplied on a tangible medium.

(3) In the case of a public auction, the information referred to

in sub-regulation (1)(b), (c) and (d) may be replaced by the equivalent

details for the auctioneer.

(4) The information referred to in sub-regulation (1)(h), (i) and

(j) may be provided by means of the model instructions on

withdrawal set out in Part A of the Schedule. The trader shall have

fulfilled the information requirements laid down in sub-regulation

(1)(h), (i) and (j) if he has supplied these instructions to the consumer,

correctly filled in.

(5) The information referred to in sub-regulation (1) shall

form an integral part of the distance or off-premises contract and shall

not be altered unless the contracting parties expressly agree

otherwise.

(6) If the trader has not complied with the information

requirements on additional charges or other costs as referred to in

sub-regulation (1)(e), or on the costs of returning the goods as

referred to in sub-regulation (1)(i), the consumer shall not bear those

charges or costs.

The information requirements laid down in these Information

regulations are in addition to information requirements contained in requirements

addition to those

the Services (Internal Market) Act, in the Electronic Commerce Act in

(Internal

and in the Electronic Commerce (General) Regulations

Market) Act, in

the Electronic

Commerce Act

Provided that if a provision of the Services (Internal

and the

Electronic

Market) Act or of the Electronic Commerce Act, or of the Electronic

Commerce

Commerce (General) Regulations, on the content and the manner in

(General)

Regulations.

which the information is to be provided conflicts with a provision of

these regulations, the provision of these regulations shall prevail.

L.N. 426.02

As regards compliance with the information requirements Burden of proof.

laid down in this Part, the burden of proof shall be on the trader.

(1)

With respect to off-premises contracts, the trader Formal

shall give the information provided for in regulation 5(1) to the requirements

off-premises

consumer on paper or, if the consumer agrees, on another durable contracts.

medium. Any such information shall be legible and in plain,

intelligible language.

(2) The trader shall provide the consumer with a copy of the

signed contract or the confirmation of the contract on paper or, if the

consumer agrees, on another durable medium, including, where

applicable, the confirmation of the prior express consent and

acknowledgement of the consumer in accordance with regulation

18(m).

(3) Where a consumer wants the performance of services or

the supply of water, gas or electricity, where they are not put up for

sale in a limited volume or set quantity, to begin during the

withdrawal period provided for in regulation 10(2), the trader shall

require that the consumer makes such an express request on a durable

medium.

(4) With respect to off-premises contracts where the consumer

has explicitly requested the services of the trader for the purpose of

carrying out repairs or maintenance for which the trader and the

consumer immediately perform their contractual obligations and

where the payment to be made by the consumer does not exceed two

hundred euro (€200)

(a)

the trader shall provide the consumer with the

information referred to in regulation 5(1)(b) and (c) and

information about the price or the manner in which the price is

to be calculated together with an estimate of the total price, on

paper or, if the consumer agrees, on another durable medium.

The trader shall provide the information referred to in regulation

5(1)(a), (h) and (k), but may choose not to provide it on paper or

another durable medium if the consumer expressly agrees;

(b)

the confirmation of the contract provided in

accordance with sub-regulation (2) shall contain the information

provided for in regulation 5(1).

(1)

With respect to distance contracts, the trader shall

give the information provided for in regulation 5(1) or make that

information available to the consumer in a way appropriate to the

means of distance communication used in plain and intelligible

language. In so far as that information is provided on a durable

medium, it shall be legible.

(2) If a distance contract to be concluded by electronic means

places the consumer under an obligation to pay, the trader shall make

the consumer aware in a clear and prominent manner, and directly

before the consumer places his order, of the information provided for

in regulation 5(1)(a), (e), (o) and (p)

Provided that the trader shall ensure that the consumer,

when placing his order, explicitly acknowledges that the order implies

an obligation to pay. If placing an order entails activating a button or

a similar function, the button or similar function shall be labelled in

an easily legible manner only with the words ‘order with obligation to

pay’ or a corresponding unambiguous formulation indicating that

placing the order entails an obligation to pay the trader. If the trader

has not complied with this sub-regulation, the consumer shall not be

bound by the contract or order.

(3) Trading websites shall indicate clearly and legibly at the

latest at the beginning of the ordering process whether any delivery

restrictions apply and which means of payment are accepted.

(4) If the contract is concluded through a means of distance

communication which allows limited space or time to display the

information, the trader shall provide, on that particular means prior to

the conclusion of such a contract, at least the pre-contractual

information regarding the main characteristics of the goods or

services, the identity of the trader, the total price, the right of

withdrawal, the duration of the contract and, if the contract is of

indeterminate duration, the conditions for terminating the contract, as

referred to in regulation 5(1)(a), (b), (e), (h) and (o). The other

information referred to in regulation 5(1) shall be provided by the

trader to the consumer in an appropriate way in accordance with sub-

regulation (1).

(5) Without prejudice to sub-regulation (4), if the trader makes

a telephone call to the consumer with a view to concluding a distance

contract, he shall, at the beginning of the conversation with the

consumer, disclose his identity and, where applicable, the identity of

the person on whose behalf he makes that call, and the commercial

purpose of the call.

(6) Where a distance contract is to be concluded by telephone,

the trader shall confirm on a durable medium the offer to the

consumer, who is bound only once he has signed the offer or has sent

his written consent.

(7) The trader shall provide the consumer with the

confirmation of the contract concluded, on a durable medium within a

reasonable time after the conclusion of the distance contract, and at

the latest at the time of the delivery of the goods or before the

performance of the service begins. That confirmation shall include

(a)

all the information referred to in regulation 6(1)

unless the trader has already provided that information to the

consumer on a durable medium prior to the conclusion of the

distance contract; and

(b)

where applicable, the confirmation of the prior

express consent and acknowledgment of the consumer in

accordance with regulation 18(m).

(8) Where a consumer wants the performance of services, or

the supply of water, gas or electricity, where they are not put up for

sale in a limited volume or set quantity to begin during the

withdrawal period provided for in regulation 10(2), the trader shall

require that the consumer makes an express request

Provided that any communications made under this sub-

regulation shall be made on a durable medium.

(9) This regulation shall be without prejudice to the provisions

on the conclusion of e-contracts and the placing of e-orders set out in

Part III and Part IV of the Electronic Commerce Act.

(1)

Save where the exceptions provided for in

regulation 18 apply, the consumer shall have a period of fourteen (14)

days to withdraw from a distance or off-premises contract, without

giving any reason, and without incurring any costs other than those

provided for in regulations 15(2) and 16.

(2) Without prejudice to regulation 12, the withdrawal period

referred to in subregulation (1) shall expire after fourteen (14) days

from

(a)

in the case of service contracts, the day of the

conclusion of the contract;

(b)

in the case of sales contracts, the day on which the

consumer or a third party other than the carrier and indicated by

the consumer acquires physical possession of the goods or

(i) in the case of multiple goods ordered by the

consumer in one order and delivered separately, the day on

which the consumer or a third party other than the carrier

and indicated by the consumer acquires physical

possession of the last good;

(ii) in the case of delivery of a good consisting of

multiple lots or pieces, the day on which the consumer or a

third party other than the carrier and indicated by the

consumer acquires physical possession of the last lot or

piece;

(iii) in the case of contracts for regular delivery of

goods during a defined period of time, the day on which

the consumer or a third party other than the carrier and

indicated by the consumer acquires physical possession of

the first good;

(c)

in the case of contracts for the supply of water, gas

or electricity, where they are not put up for sale in a limited

volume or set quantity, or of digital content which is not

supplied on a tangible medium, the day of the conclusion of the

contract.

In the case of an off-premises contract the trader shall not Payment before

require the consumer to pay any part of the price before the delivery delivery

case of off-

of the goods, and where the goods are delivered in parts no payment premises

contract.

shall be demanded except as represents the price of the part delivered

Provided that the trader may request a payment of a

deposit not exceeding ten per cent of the price of the goods being the

subject of the off-premises contract, which deposit shall not be

payable before fourteen (14) days from the date of the off-premises

contract, without prejudice to the right of withdrawal as established in

these regulations.

(1)

If the trader has not provided the consumer with the Omission of

information on the right of withdrawal as required by regulation information

the right of

5(1)(h), the withdrawal period shall expire twelve (12) months from withdrawal.

the end of the initial withdrawal period, as determined in accordance

with regulation 10(2).

(2) If the trader has provided the consumer with the

information provided for in sub-regulation (1) within twelve (12)

months from the day referred to in regulation 10(2), the withdrawal

period shall expire fourteen (14) days after the day upon which the

consumer receives that information.

(1)

Before the expiry of the withdrawal period, the Exercise of the

consumer shall inform the trader of his decision to withdraw from the right

withdrawal.

contract. For this purpose, the consumer may either

(a)

use the model withdrawal form as set out in Part B

of the Schedule; or

(b)

make any other unequivocal statement setting out

his decision to withdraw from the contract.

(2) The consumer shall have exercised his right of withdrawal

within the withdrawal period referred to in regulations 10(2) and 12 if

the communication concerning the exercise of the right of withdrawal

is sent by the consumer before that period has expired.

(3) The trader may, in addition to the possibilities referred to

in sub-regulation (1), give the option to the consumer to

electronically fill in and submit either the model withdrawal form set

out in Part B of the Schedule or any other unequivocal statement on

the website of the trader. In those cases the trader shall communicate

to the consumer an acknowledgement of receipt of such a withdrawal

on a durable medium without delay.

(4) The burden of proof of exercising the right of withdrawal

in accordance with this regulation shall be on the consumer.

The exercise of the right of withdrawal shall terminate the

obligations of the parties

(a)

to perform the distance or off-premises contract; or

(b)

to conclude the distance or off-premises contract,

in cases where an offer was made by the consumer.

(1)

The trader shall reimburse all payments received

from the consumer, including, if applicable, the costs of delivery

without undue delay and in any event not later than fourteen (14) days

from the day on which he is informed of the decision of the consumer

to withdraw from the contract in accordance with regulation 13

Provided that the trader shall carry out the reimbursement

referred to in this sub-regulation using the same means of payment as

the consumer used for the initial transaction, unless the consumer has

expressly agreed otherwise and provided that the consumer does not

incur any fees as a result of such reimbursement.

(2) Notwithstanding sub-regulation (1), the trader shall not be

required to reimburse the supplementary costs, if the consumer has

expressly opted for a type of delivery other than the least expensive

type of standard delivery offered by the trader.

(3) Unless the trader has offered to collect the goods himself,

with regard to sales contracts, the trader may withhold the

reimbursement until he has received the goods back, or until the

consumer has supplied evidence of having sent back the goods,

whichever is the earliest.

(1)

Unless the trader has offered to collect the goods

himself, the consumer shall send back the goods or hand them over to

the trader or to a person authorised by the trader to receive the goods,

without undue delay and in any event not later than fourteen (14) days

from the day on which he has communicated his decision to withdraw

from the contract to the trader in accordance with regulation 13. The

deadline shall be met if the consumer sends back the goods before the

period of fourteen (14) days has expired

Provided that the consumer shall only bear the direct cost

of returning the goods unless the trader has agreed to bear them or the

trader failed to inform the consumer that the consumer has to bear

them

Provided further that in the case of off-premises contracts

where the goods have been delivered to the home of the consumer at

the time of the conclusion of the contract, the trader shall at his own

expense collect the goods if, by their nature, those goods cannot

normally be returned by post.

(2) The consumer shall only be liable for any diminished value

of the goods resulting from the handling of the goods other than what

is necessary to establish the nature, characteristics and functioning of

the goods. The consumer shall in any event not be liable for

diminished value of the goods where the trader has failed to provide

notice of the right of withdrawal in accordance with regulation

5(1)(h).

(3) Where a consumer exercises the right of withdrawal after

having made a request in accordance with regulations 8(3) or 9(8), the

consumer shall pay to the trader an amount which is in proportion to

what has been provided until the time the consumer has informed the

trader of the exercise of the right of withdrawal, in comparison with

the full coverage of the contract. The proportionate amount to be paid

by the consumer to the trader shall be calculated on the basis of the

total price agreed in the contract. If the total price is excessive, the

proportionate amount shall be calculated on the basis of the market

value of what has been provided.

(4) The consumer shall bear no cost for

(a)

the performance of services or the supply of water,

gas or electricity, where they are not put up for sale in a limited

volume or set quantity, in full or in part, during the withdrawal

period, where

(i) the trader has failed to provide information in

accordance with regulation 5(1)(h) or (j); or

(ii) the consumer has not expressly requested

performance to begin during the withdrawal period in

accordance with regulations 8(3) and 9(8); or

(b)

the supply, in full or in part, of digital content

which is not supplied on a tangible medium where

(i) the consumer has not given his prior express

consent to the beginning of the performance before the end

of the fourteen (14) day period referred to in regulation 10;

(ii) the consumer has not acknowledged that he

loses his right of withdrawal when giving his consent; or

(iii) the trader has failed to provide confirmation

in accordance with regulations 8(2) or 9(7).

(5) Except as provided for in regulation 15(2) and in this

regulation, the consumer shall not incur any liability as a consequence

of the exercise of the right of withdrawal.

(1)

Without prejudice to regulation 15 of the Consumer

Credit Regulations, if the consumer exercises his right of withdrawal

from a distance or an off-premises contract in accordance with

regulations 10 to 16, any ancillary contracts shall be automatically

terminated, without any costs for the consumer, except as provided

for in regulations 15(2) and 16.

(2) Regulations 10 to 16 shall also apply when an ancillary

contract is terminated.

There shall be no right of withdrawal as set out in

regulations 10 to 17 in respect of distance and off-premises contracts

as regards the following

(a)

service contracts after the service has been fully

performed if the performance has begun with the consumer’s

prior express consent, and with the acknowledgement that he

will lose his right of withdrawal once the contract has been fully

performed by the trader;

(b)

the supply of goods or services for which the price

is dependent on fluctuations in the financial market which

cannot be controlled by the trader and which may occur within

the withdrawal period;

(c)

the supply of goods made to the specifications of

the consumer or where these are clearly personalised;

(d)

the supply of goods which are liable to deteriorate

or expire rapidly;

(e)

the supply of sealed goods which are not suitable

for return due to health protection or hygiene reasons and were

unsealed after delivery;

(f)

the supply of goods which are, after delivery,

according to their nature, inseparably mixed with other items;

(g)

the supply of alcoholic beverages, the price of

which has been agreed upon at the time of the conclusion of the

sales contract, the delivery of which can only take place after

thirty (30) days and the actual value of which is dependent on

fluctuations in the market which cannot be controlled by the

trader;

(h)

contracts where the consumer has specifically

requested a visit from the trader for the purpose of carrying out

urgent repairs or maintenance. If, on the occasion of such visit,

the trader provides services in addition to those specifically

requested by the consumer or goods other than replacement

parts necessarily used in carrying out the maintenance or in

making the repairs, the right of withdrawal shall apply to those

additional services or goods;

(i)

the supply of sealed audio or sealed video

recordings or sealed computer software which were unsealed

after delivery;

(j)

the supply of a newspaper, periodical or magazine

with the exception of subscription contracts for the supply of

such publications;

(k)

contracts concluded at a public auction;

(l)

the provision of accommodation other than for

residential purpose, transport of goods, car rental services,

catering or services related to leisure activities if the contract

provides for a specific date or period of performance; or

(m)

the supply of digital content which is not supplied

on a tangible medium if the performance has begun with the

prior express consent of the consumer and his acknowledgment

that he thereby loses his right of withdrawal.

PART IV

OTHER CONSUMER RIGHTS

(1)

Regulations 20 and 22 shall apply to sales contracts Scope.

other than to contracts for the supply of water, gas or electricity,

where they are not put up for sale in a limited volume or set quantity,

or the supply of digital content which is not supplied on a tangible

medium.

(2) Regulations 21, 23 and 24 shall apply to sales and service

contracts and to contracts for the supply of water, gas, electricity, or

digital content.

(1)

Unless the parties have agreed otherwise on the

time of delivery, the trader shall deliver the goods by transferring the

physical possession or control of the goods to the consumer without

undue delay, but not later than thirty (30) days from the conclusion of

the contract.

(2) Where the trader has failed to fulfil his obligation to

deliver the goods at the time agreed upon with the consumer or within

the time limit set out in sub-regulation (1), the consumer shall by

means of a durable medium require him to make the delivery within

an additional period of time appropriate to the circumstances. If the

trader fails to deliver the goods within that additional period of time,

the consumer shall be entitled to terminate the contract

Provided this sub-regulation shall not be applicable to

sales contracts where the trader has refused to deliver the goods or

where delivery within the agreed delivery period is essential taking

into account all the circumstances attending the conclusion of the

contract or where the consumer informs the trader, prior to the

conclusion of the contract, that delivery by or on a specified date is

essential. In those cases, if the trader fails to deliver the goods at the

time agreed upon with the consumer or within the time limit set out in

sub-regulation (1), the consumer shall be entitled to terminate the

contract immediately.

(3) Upon termination of the contract, the trader shall, without

undue delay, reimburse all sums paid under the contract.

(4) In addition to the termination of the contract in accordance

with sub-regulation (2), the consumer may have recourse to other

remedies provided for by national law.

Traders shall not charge consumers, in respect of the use of

a given means of payment, fees that exceed the cost borne by the

trader for the use of such means.

In contracts where the trader dispatches the goods to the

consumer, the risk of loss of or damage to the goods shall pass to the

consumer when he or a third party indicated by the consumer and

other than the carrier has acquired the physical possession of the

goods

Provided that the risk shall pass to the consumer upon

delivery to the carrier if the carrier was commissioned by the

consumer to carry the goods and that choice was not offered by the

trader, without prejudice to the rights of the consumer against the

carrier.

Where the trader operates a telephone line for the purpose Communication

of contacting him by telephone in relation to the contract concluded, by telephone.

the consumer, when contacting the trader, shall not be bound to pay

more than the basic rate, this without prejudice to the right of

telecommunication services providers to charge for such calls.

Before the consumer is bound by the contract or offer, the Additional

trader shall seek the express consent of the consumer to any extra payments.

payment in addition to the remuneration agreed upon for the main

contractual obligation of the trader. If the trader has not obtained the

express consent of the consumer but has inferred it by using default

options which the consumer is required to reject in order to avoid the

additional payment, the consumer shall be entitled to reimbursement

of this payment.

(1)

If the law applicable to the contract is the law of a Imperative

Member State, consumers may not waive the rights conferred on them nature

regulations.

by these regulations.

(2) Any contractual terms which directly or indirectly waive

or restrict the rights resulting from these regulations shall not be

binding on the consumer.

The consumer shall be exempted from the obligation to Inertia selling.

provide any consideration in cases of unsolicited supply of goods,

water, gas, electricity, or digital content or unsolicited provision of

services, prohibited by article 51B(4) and by paragraph 29 of the First

Schedule to the Act. In such cases, the absence of a response from the

consumer following such an unsolicited supply or provision shall not

constitute consent.

The Director General may impose administrative fines of Sanctions that

not less than five hundred euro (€500) and not more than forty-seven may

imposed.

thousand euro (€47,000) on any person who fails to comply with any

of the provisions of these regulations.

The Distance Selling Regulations, 2001 are hereby

Revocation of

the Distance

revoked.

Selling

Regulations.

L.N. 186 of

2001. SCHEDULE

(Regulation 13)

Information concerning the exercise of the right of withdrawal

Part A. Model instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without

giving any reason.

The withdrawal period will expire after 14 days from the day [1].

To exercise the right of withdrawal, you must inform us [2] of your decision

to withdraw from this contract by an unequivocal statement (e.g. a letter sent by

post, fax or e-mail). You may use the attached model withdrawal form, but it is not

obligatory [3].

To meet the withdrawal deadline, it is sufficient for you to send your

communication concerning your exercise of the right of withdrawal before the

withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments

received from you, including the costs of delivery (with the exception of the

supplementary costs resulting from your choice of a type of delivery other than the

least expensive type of standard delivery offered by us), without undue delay and

in any event not later than fourteen (14) days from the day on which we are

informed about your decision to withdraw from this contract. We will carry out

such reimbursement using the same means of payment as you used for the initial

transaction, unless you have expressly agreed otherwise; in any event, you will not

incur any fees as a result of such reimbursement. [4]

[5]

[6]

Instructions for completion

[1]. Insert one of the following texts between inverted commas

(a)

in the case of a service contract or a contract for the supply of

water, gas or electricity, where they are not put up for sale in a limited

volume or set quantity, or of digital content which is not supplied on a

tangible medium: ‘of the conclusion of the contract.’;

(b)

in the case of a sales contract: ‘on which you acquire, or a third

party other than the carrier and indicated by you acquires, physical

possession of the goods.’;

(c)

in the case of a contract relating to multiple goods ordered by

the consumer in one order and delivered separately: ‘on which you acquire,

or a third party other than the carrier and indicated by you acquires, physical

possession of the last good.’;

(d)

in the case of a contract relating to delivery of a good consisting

of multiple lots or pieces: ‘on which you acquire, or a third party other than

the carrier and indicated by you acquires, physical possession of the last lot

or piece.’;

(e)

in the case of a contract for regular delivery of goods during a

defined period of time: ‘on which you acquire, or a third party other than the

carrier and indicated by you acquires, physical possession of the first good.’.

[2]. Insert your name, geographical address and, where available, your

telephone number, fax number and e-mail address.

[3]. If you give the option to the consumer to electronically fill in and

submit information about his withdrawal from the contract on your website, insert

the following: ‘You can also electronically fill in and submit the model withdrawal

form or any other unequivocal statement on our website [insert Internet address]. If

you use this option, we will communicate to you an acknowledgement of receipt of

such a withdrawal on a durable medium (e.g. by e-mail) without delay.’.

[4]. In the case of sales contracts in which you have not offered to collect

the goods in the event of withdrawal insert the following: ‘We may withhold

reimbursement until we have received the goods back or you have supplied

evidence of having sent back the goods, whichever is the earliest.’.

[5]. If the consumer has received goods in connection with the contract

(a)

insert

-

‘We will collect the goods.’; or,

-

‘You shall send back the goods or hand them over to us or

...................... [insert the name and geographical address, where

applicable, of the person authorised by you to receive the goods],

without undue delay and in any event not later than fourteen (14) days

from the day on which you communicate your withdrawal from this

contract to us. The deadline is met if you send back the goods before the

period of fourteen (14) days has expired.’

(b)

insert

-

‘We will bear the cost of returning the goods.’;

-

‘You will have to bear the direct cost of returning the

goods.’;

-

If, in a distance contract, you do not offer to bear the cost

of returning the goods and the goods, by their nature, cannot normally

be returned by post: ‘You will have to bear the direct cost of returning

the goods, ........... EUR [insert the amount].’; or if the cost of returning

the goods cannot reasonably be calculated in advance: ‘You will have to

bear the direct cost of returning the goods. The cost is estimated at a

maximum of approximately ............ EUR [insert the amount].’; or

-

If, in an off-premises contract, the goods, by their nature,

cannot normally be returned by post and have been delivered to the

consumer’s home at the time of the conclusion of the contract: ‘We will

collect the goods at our own expense.’; and

(c)

insert ‘You are only liable for any diminished value of the goods

resulting from the handling other than what is necessary to establish the

nature, characteristics and functioning of the goods.’.

[6]. In the case of a contract for the provision of services or the supply of

water, gas or electricity, where they are not put up for sale in a limited volume or

set quantity, insert the following: ‘If you requested to begin the performance of

services or the supply of water/gas/electricity [delete where inapplicable] during

the withdrawal period, you shall pay us an amount which is in proportion to what

has been provided until you have communicated us your withdrawal from this

contract, in comparison with the full coverage of the contract.’.

Part B. Model withdrawal form

(complete and return this form only if you wish to withdraw from the

To [here the trader’s name, geographical address and, where available,

his fax number and e-mail address are to be inserted by the trader]

-

I/We (*) hereby give notice that I/We (*) withdraw from my/our

(*) contract of sale of the following goods (*)/for the provision of the

following service (*),

-

Ordered on (*)/received on (*),

-

Name of consumer(s),

-

Address of consumer(s),

-

Signature of consumer(s) (only if this form is notified on paper),

-

Date

(*) Delete

€2.16