CONSUMER RIGHTS REGULATIONS

SUBSIDIARY LEGISLATION 378.17

CONSUMER RIGHTS REGULATIONS

13th June, 2014 *

LEGAL NOTICE 439 of 2013, as amended by Legal Notice 124 of 2016

and Acts XVI of 2019 and XIII of 2022 and Legal Notice 145 of 2026.

PART I

PRELIMINARY

(1) The title of these regulations is the Consumer Rights

Regulations.

(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.

Amended by

XIII.2022.27;

(Regulation 13)

L.N. 145 of 2026.

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 shall expire after 14 days from the day [1]. (For contracts

concluded in the context of unsolicited visits by the trader to a consumer’s home or

excursions organised by the trader with the aim or effect of promoting or selling products

to consumers, the withdrawal period will expire after 30 days.)

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 or

email). You may use the attached model withdrawal form but it is not obligatory. [3].

To m e e t t h e w i t h d r a w a l d e a d l i n e , i t i s s u ff i c i e n t f o r y o u t o s e n d y o u r

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.’.

Insert your name, geographical address, telephone number and email address.

[3]. If you are under an obligation to provide a function to allow the consumer to

withdraw from the contract concluded online, insert the following: "You can also

exercise your right of withdrawal online at [insert internet address or another appropriate

explanation of where the withdrawal function is available]. If you use this online feature,

we shall send you an acknowledgement of receipt of the withdrawal on a durable

medium (e.g. by email), including its content and the date and time of its submission,

without undue delay." 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 the internet address]. If you use

this option, we shall communicate to you an acknowledgement of receipt of such a

withdrawal on a durable medium (e.g. by email) without delay.

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

go od s i n th e ev e nt o f w ith dr a w a l in s e r t t he f ol lo wi ng : ‘ We m a y wi th ho ld

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

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

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

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(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 contract)

-

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

(1) Any reference in these regulations to the "Act" is a

reference to the Consumer Affairs Act, and the provisions of article

2 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;

"Civil Court" means the Civil Court (Commercial Section)

established by article 3 of the Civil Court (Establishment of

Sections) Order;

"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

do 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;

*see regulation 1(3) of these Regulations, as originally promulgated.

"compatibility" means compatibility as defined in sub-regulation (1)

of regulation 2 of the Digital Content and Digital Services Contracts

Regulations;

"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 digital content as defined in sub-regulation

(1) of regulation 2 of the Digital Content and Digital Services

Contracts Regulations;

"digital service" means digital service as defined in sub-regulation

(1) of regulation 2 of the Digital Content and Digital Services

Contracts Regulations;

"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;

"functionality" means functionality as defined in sub-regulation (1)

of regulation 2 of the Digital Content and Digital Services Contracts

Regulations;

"goods" means goods as defined in sub-article (1) of article 72 of

the Act;

"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;

"interoperability" means interoperability as defined in sub-

regulation (1) of regulation 2 of the Digital Content and Digital

Services Contracts Regulations;

"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;

"online marketplace" means a service using software, including a

website, part of a website or an application, operated by or on

behalf of a trader which allows consumers to conclude distance

contracts with other traders or consumers;

"personal data" means personal data as defined in point (1) of

Article 4 of Regulation (EU) 2016/679 of the European Parliament

and of the Council of 27 April 2016 on the protection of natural

persons with regard to the processing of personal data and on the

free movement of such data, and repealing Directive 95/46/EC

(General Data Protection Regulation);";

"provider of an online marketplace" means any trader which

provides an online marketplace to consumers;

"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 ownership of goods to the consumer,

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,

including a digital service, to the consumer;

"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

beh a l f , f o r p e r s on s r e la ti n g to hi s tr a d e , bu s i ne s s , c ra ft or

profession in relation to contracts covered by these regulations.

(1) These regulations shall apply, under the conditions and to

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

between a trader and a consumer where the consumer pays or

undertakes to pay the price. 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.

(1a) These regulations shall also apply where the trader supplies or

undertakes to supply digital content which is not supplied on a tangible

medium or a digital service to the consumer and the consumer

provides or undertakes to provide personal data to the trader, except

where the personal data provided by the consumer are exclusively

processed by the trader for the purpose of supplying the digital content

which is not supplied on a tangible medium or digital service in

accordance with these regulations or for allowing the trader to comply

with legal requirements to which the trader is subject, and the trader

does not process those data for any other purpose.

(2)

If any provision of these regulations conflicts with a

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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, whether they are

provided via healthcare facilities or not;

(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, unless otherwise provided for in

any other law regulating financial services contracts

concluded at a distance;

(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, 23 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;

(n) for any goods sold by way of execution or otherwise by

authority of law.

(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 than

a distance or an off-premises contract, or any corresponding offer,

the trader shall provide the consumer with the following

i n f o r m a t i o n i n a cl e a r a n d c o m p r e h e n s i b l e m a n n e r, i f t h a t

information 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 the legal

guarantee of conformity for goods, digital content and

digital services, 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 goods with digital

elements, digital content and digital services;

(h) where applicable, any relevant compatibility and

interoperability of goods with digital elements, digital

content and digital services 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 as well as the trader’s telephone number and

email address; in addition, where the trader provides

other means of online communication which guarantee

that the consumer can keep any written correspondence,

including the date and time of such correspondence, with

the trader on a durable medium, the information shall

also include details of those other means; all those means

of communication provided by the trader shall enable the

consumer to contact the trader quickly and communicate

with him efficiently; where applicable, the trader shall

also provide 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;

(ea) where applicable, that the price was personalised on the

basis of automated decision-making;

(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 such right in

accordance with regulation 13(1), as well as the model

withdrawal form established in Part B of the Schedule,

and where applicable, information about the existence

and placement of the withdrawal function referred to in

regulation 13A;

(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, digital content and digital services;

(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 goods with digital

elements, digital content and digital services;

(s) where applicable, any relevant compatibility and

interoperability of goods with digital elements, digital

content and digital services 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.

(1) Before a consumer is bound by a distance contract, or any

corresponding offer, on an online marketplace, the provider of the

online marketplace shall, without prejudice to the provisions in Part

VIII of the Act, provide the consumer with the following information

in a clear and comprehensible manner and in a way appropriate to the

means of distance communication

(a) general information, made available in a specific

section of the online interface that is directly and

easily accessible from the page where the offers are

presented, on the main parameters determining

ranking, as defined in Article 51A of the Act, of offers

presented to the consumer as a result of the search

query and the relative importance of those parameters

as opposed to other parameters;

(b) whether the third party offering the goods, services or

digital content is a trader or not, on the basis of the

declaration of that third party to the provider of the

online marketplace;

(c) where the third party offering the goods, services or

digital content is not a trader, that the consumer rights

stemming from European Union consumer protection

law do not apply to the contract;

(d) where applicable, how the obligations related to the

contract are shared between the third party offering the

goods, services or digital content and the provider of

the online marketplace, such information being

without prejudice to any responsibility that the

provider of the online marketplace or the third-party

trader has in relation to the contract under other

European Union or national law.

The information requirements laid down in these

regulations are in addition to information requirements contained in

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

and in the Electronic Commerce (General) Regulations

Provided that if a provision of the Services (Internal

Ma r k et ) A c t o r o f th e E l e ct r o n i c Co m m er c e A c t , o r o f t h e

Electronic Commerce (General) Regulations, on the content and the

manner in which the information is to be provided conflicts with a

provision of these regulations, the provision of these regulations

shall prevail.

As regards compliance with the information requirements

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

(1) With respect to off-premises contracts, the trader shall

give the inform ati on prov ided for in regul at ion 5(1) to t he

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

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), and the contract places the consumer

under an obligation to pay, the trader shall require that the consumer

make such an express request on a durable medium and request the

consumer to acknowledge that, once the contract has been fully

performed by the trader, the consumer will no longer have the right of

withdrawal.

(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 or through 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, respectively, in regulation 5(1)(a), (b), (e), (h) and (o),

except the model withdrawal form set out in Part B of the Schedule

referred to in paragraph (h). The other information referred to in

regulation 5(1), including the model withdrawal form, shall be

provided by the trader to the consumer in an appropriate way in

accordance with sub-regulation (1) of this regulation.

(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), and the contract places the consumer

under an obligation to pay, the trader shall require that the consumer

make an express request and request the consumer to acknowledge

that, once the contract has been fully performed by the trader, the

consumer will no longer have the right of withdrawal.

(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

Provided that for contracts concluded in the context of

unsolicited visits by a trader to a consumer’s home or excursions

organised by a trader with the aim or effect of promoting or selling

products to consumers, the withdrawal period of fourteen (14) days is

extended to thirty (30) days.

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

referred to in sub-regulation (1) shall expire after fourteen (14) days

or, in cases under the proviso of sub-regulation (1) after thirty (30)

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

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

delivery of the goods, and where the goods are delivered in parts no

payment 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

information on the right of withdrawal as required by regulation

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

from 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, or in cases under the proviso of sub-regulation (1)

after thirty (30) days, after the day upon which the consumer receives

that information.

(1) Before the expiry of the withdrawal period, the

consumer shall inform the trader of his decision to withdraw from

the 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.

(1)

For distance contracts concluded by means of an

online interface

(a)

the trader shall ensure that the consumer may also

withdraw from the contract by using a withdrawal function;

(b)

the withdrawal function shall be labelled with the

words "withdraw from contract here" or an unambiguous

corresponding formulation in an easily legible way; and

(c)

the withdrawal function shall be continuously

available throughout the withdrawal period, and shall be

prominently displayed on the online interface and easily

accessible to the consumer.

(2)

The withdrawal function shall enable the consumer to

send an online withdrawal statement informing the trader of his

decision to withdraw from the contract. Such online withdrawal

statement shall enable the consumer to easily provide or confirm the

following information

(a)

his name;

(b)

the details identifying the contract from which he

intends to withdraw; and

(c)

the details of the electronic means by which the

confirmation of the withdrawal shall be sent to the consumer.

(3)

Once the consumer has completed the online withdrawal

statement in accordance with sub-regulation (2), the trader shall enable

the consumer to submit the statement by means of a confirmation

function. Such confirmation function shall be labelled in an easily

legible manner, and labelled only with the words "confirm

withdrawal" or with an unambiguous corresponding formulation.

(4)

Once the consumer activates the confirmation function,

the trader shall send to the consumer an acknowledgement of the

receipt of the withdrawal on a durable medium, including its content

and the date and time of its submission, without undue delay.

(5)

The consumer shall be considered to have exercised his

right of withdrawal within the relevant withdrawal period if he

submitted the online withdrawal statement referred to in this

regulation before such period expired.

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.

(4) In respect of personal data of the consumer, the trader shall

comply with the obligations applicable under Regulation (EU)

2016/679 of the European Parliament and of the Council of 27

April 2016 on the protection of natural persons with regard to the

processing of personal data and on the free movement of such data,

and repealing Directive 95/46/EC (General Data Protection

Regulation) and the Data Protection Act.

(5) The trader shall refrain from using any content, other than

personal data, which was provided or created by the consumer

when using the digital content or digital service supplied by the

trader, except where such content

(a) has no utility outside the context of the digital content

or digital service supplied by the trader;

(b) only relates to the consumer’s activity when using the

digital content or digital service supplied by the trader;

(c) has been aggregated with other data by the trader and

cannot be disaggregated or only with disproportionate

efforts; or

(d) has been generated jointly by the consumer and others,

and other consumers are able to continue to make use

of the content.

(6) Except in the situations referred to in sub-regulation (5)(a),

(b) or (c), the trader shall, at the request of the consumer, make

available to the consumer any content, other than personal data,

which was provided or created by the consumer when using the

digital content or digital service supplied by the trader.

(7) The consumer shall be entitled to retrieve that digital

content free of charge, without hindrance from the trader, within a

reasonable time and in a commonly used and machine-readable

format.

(8) In the event of withdrawal from the contract, the trader

may prevent any further use of the digital content or digital service

by the consumer, in particular by making the digital content or

digital service inaccessible to the consumer or disabling the user

account of the consumer, without prejudice to sub-regulation (6).

(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).

(2a) In the event of withdrawal from the contract, the consumer

shall refrain from using the digital content or digital service and from

making it available to third parties.

(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,

i n c o m p a r i s o n w i t h t h e f u l l c ov e r a g e o f t h e c o n t r a c t . T h e

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 prior express consent

to the beginning of the performance before the end

of the fourteen (14) day or thirty (30) 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

w i t h d r a w a l f r o m a d i s t a n c e o r a n o ff - p r e m i s e s c o n t r a c t i n

accordance with regulations 10 to 16, any ancillary contracts shall

be automatically terminated, without any costs for the consumer,

other than costs provided for in regulations 15(2) and 16.

(2) When a trader is informed by a consumer of his decision to

exercise his right of withdrawal in accordance with regulation 13,

the trader must inform any other trader with whom the consumer

has an ancillary contract of the decision to terminate such contract

in accordance with sub-regulation (1).

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 but, if the contract places the consumer under

an obligation to pay, only if the performance has begun

with the consumer’s prior express consent and

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) contracts for the supply of digital content which is not

supplied on a tangible medium if the performance has

begun and, if the contract places the consumer under

an obligation to pay, where

(i)

the consumer has provided prior express consent

to begin the performance during the right of

withdrawal period;

(ii) the consumer has provided acknowledgement

that he thereby loses his right of withdrawal; and

(iii) the trader has provided confirmation in

accordance with regulation 8(2) or regulation

9(7)

Provided that for contracts concluded in the

context of unsolicited visits by a trader to a

consumer’s home or excursions organised by a

trader with the aim or effect of promoting or

selling products to consumers, the exceptions from

the right of withdrawal set out in paragraphs (a),

(b), (c) and (e) shall not apply.

PART IV

OTHER CONSUMER RIGHTS

(1) Regulations 20 and 22 shall apply to sales contracts

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 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

of contacting him by telephone in relation to the contract

concluded, 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

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

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

Member State, consumers may not waive the rights conferred on

them 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

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.

(1)

Subject to the provisions of the Act regarding

judicial proceedings instituted by the Director General following his

prima facie finding of infringements, the Civil Court shall impose

penalties of not less than five hundred euro (€500) and not more than

forty-seven thousand euro (€47,000) on any person who fails to

comply with any of the provisions of these regulations.

(2)

Any person who feels aggrieved by a judgement, order,

penalty or measure issued by the Civil Court, may appeal before the

Court of Appeal, on any point of law and, or of fact, by means of an

application filed in the registry of the Court of Appeal within twenty

days from the date of the judgment of the Civil Court

Provided that the Court of Appeal shall appoint the case for

hearing by not later than six months from the judgement of the Civil

Court.

CONSUMER RIGHTS