UK Statutory Instrument 2013 United Kingdom

Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013

What this means for your business

14 obligations
3 penalties
14 guides
Enforced by
Trading Standards
Applies to
United Kingdom
On this page
14 compliance obligations, 14 practical guides across 2 topics
Read full text on legislation.gov.uk

What you must do

14 compliance obligations under this legislation.

Management duties 4

Arrange return of goods and bear return costs on contract cancellation

If a consumer cancels a contract, you must either collect the goods (when you offered to do so or when the goods were delivered to their home and can’t be posted back) or give the consumer a clear address to send them back. You must pay the direct cost of returning the goods unless you correctly informed the consumer that they will bear the cost, and you cannot charge them any additional fees.

Trader/Business s.35 Trading Standards When a sales contract is cancelled by the consumer under the right …

Obtain clear consent and acknowledgement before supplying digital content

If you sell digital content that isn’t delivered on a physical medium, you must wait until the 14‑day cooling‑off period ends before you start providing it, unless the consumer gives you express consent and confirms they understand they will lose their right to cancel. You also have to send the required confirmation and must not charge the consumer if those steps aren’t taken.

Trader/Business s.37 Trading Standards When supplying digital content during the 14‑day cancellation period

Only start a service after consumer request during cooling‑off period

You must not begin providing a service while the consumer is still in their cancellation (cooling‑off) period unless they expressly ask you to, and for off‑premises contracts that request must be on a durable medium. If you do start the service early, you can only charge for the part of the service delivered up to the consumer’s cancellation notice and only if you gave them the required pre‑contract information; otherwise the consumer pays nothing.

Trader/Business s.36 Trading Standards When a consumer is within the cancellation period for a service contract

Provide clear payment info and obtain explicit consent before online orders

If you sell goods or services online, you must show the customer all required payment and delivery information before they click to order, get a clear acknowledgement that the order means they will have to pay, and label the order button with wording that makes the payment obligation obvious. This ensures the contract is binding and compliant with consumer law.

Trader/Business s.14 Trading Standards When you conclude a distance contract by electronic means that creates an …

Notifications 5

Acknowledge consumer cancellations promptly

When a customer decides to cancel a distance or off‑premises contract, you must let them do so using the model cancellation form or any clear statement. If you offer a form on your website and the customer uses it, you must send them an acknowledgement of receipt on a durable medium (e.g., email) as soon as possible.

Trader/Business s.32 Trading Standards A consumer cancels a distance or off‑premises contract and uses the trader’s …

Disclose identity and purpose at start of sales calls

If you call a consumer to try to sell a distance contract, you must tell them who you are, who you’re calling on behalf of (if anyone), and that the call is for commercial purposes. This information has to be given before the conversation goes on.

Trader/Business s.15 Trading Standards When you make a telephone call to a consumer with the aim …

Provide contract confirmation for distance sales

When you sell goods or services to a consumer at a distance (online, phone or mail), you must send the consumer a written confirmation of the contract on a durable medium. The confirmation must contain all the required information and be sent in a reasonable time – no later than the goods are delivered or before any service starts.

Trader/Business s.16 Trading Standards When you conclude a distance contract with a consumer

Provide required pre‑contract information and cancellation form for off‑premises contracts

Before you bind a consumer to a contract made away from your business premises (for example at their home or over the phone), you must give them all the information set out in Schedule 2 in a clear, legible format, and, if they have a right to cancel, hand them the standard cancellation form. The information must be on paper or another durable medium and you need to keep proof you supplied it.

Trader/Business s.10 Trading Standards When entering into an off‑premises contract with a consumer

Provide required pre‑contract information for distance sales

Before you bind a consumer to an online, phone or mail order, you must give them all the information set out in Schedule 2 in a clear, easy‑to‑understand way that suits the communication channel you’re using. If the contract gives a right to cancel, you also have to supply the standard cancellation form. The information must be legible on any paper or electronic copy, and where the channel has limited space you must show the key items there and provide the rest by another suitable method.

Trader/Business s.13 Trading Standards When concluding a distance contract with a consumer

Payments and fees 1

Charge only basic‑rate for consumer help‑line calls

If you run a telephone help‑line for customers to discuss contracts, you must not make them pay more than the basic call rate. If a consumer is charged a higher rate, you have to repay the difference.

Trader/Business s.41 Trading Standards You operate a telephone line for consumers to contact you about contracts

Offences and prohibitions 3

Be liable for another's failure to give cancellation notice

Unlimited fine

If someone else fails to give the required notice of a consumer's right to cancel a contract, and that failure is caused by your act or omission, you can be prosecuted as a secondary offender. You may be punished even if the primary offender is also prosecuted, and you face the same penalties as the original offence.

Any Person s.21 Trading Standards

Company and officer liability for offences under regulation 19

Unlimited fine

If your business commits an offence under regulation 19 of the Consumer Contracts Regulations – for example, providing false pre‑contract information – and it was done with the consent, connivance or negligence of a director, manager, secretary or similar officer, both the company and that officer can be prosecuted. They will face the same penalties that apply to the underlying offence.

Director/Officer s.22 Trading Standards

Fail to give notice of cancellation right

Unlimited fine

If you, as a trader, enter into an off‑premises contract that falls under regulation 10 and you do not provide the consumer with the cancellation information set out in Schedule 2 (paragraphs l, m or n), you commit a criminal offence. On conviction in the magistrates’ court you can be fined up to an unlimited amount. No imprisonment is provided for this offence.

Trader/Business s.19 Trading Standards

Record keeping 1

Provide copy or confirmation of off‑premises contracts

If you sell to a consumer away from your premises (e.g., at their home, by door‑to‑door or at a trade fair) you must give them either a copy of the signed contract or a written confirmation that contains all the information required by the regulations. This must be on paper or another durable medium the consumer agrees to, and it must be supplied within a reasonable time – no later than when any goods are delivered or before any service begins. For digital content you also need to confirm the consumer’s consent and acknowledgement.

Trader/Business s.12 Trading Standards When you conclude an off‑premises contract (e.g., door‑to‑door sale, at the consumer’s …

Penalties for non-compliance

3 penalties under this legislation. 3 carry an unlimited fine.

Unlimited fine

Be liable for another's failure to give cancellation notice

Unlimited fine

Summary only s.21 Penalises: Be liable for another's failure to give cancellation …
Unlimited fine

Company and officer liability for offences under regulation 19

Unlimited fine

Summary only s.22 Penalises: Company and officer liability for offences under regulation …
Unlimited fine

Fail to give notice of cancellation right

Unlimited fine

Summary only s.19 Penalises: Fail to give notice of cancellation right

Practical guidance

Our guides explain how to comply with the requirements above.

Sections and provisions

47 classified provisions from this legislation.

Duties 15

  • s.3 Review
  • s.10 Information to be provided before making an off-premises contract cancellation form
  • s.12 Provision of copy or confirmation of off-premises contracts
  • s.13 Information to be provided before making a distance contract
  • s.14 Requirements for distance contracts concluded by electronic means The trader
  • s.15 Telephone calls to conclude a distance contract
  • s.16 Confirmation of distance contracts
  • s.23 Duty to enforce weights and measures authority …
  • s.32 Exercise of the right to withdraw or cancel
  • s.35 Return of goods in the event of cancellation
  • s.36 Supply of service in cancellation period The trader
  • s.37 Supply of digital content in cancellation period the trader
  • s.41 Help-line charges over basic rate
  • s.44 Complaints an enforcement authority
  • s.46 Notification of undertakings and orders to the CMA undertaking given

Offences and penalties 3

  • s.19 Offence relating to the failure to give notice of the right to cancel
  • s.21 Liability of persons other than the principal offender
  • s.22 Offences committed by bodies of persons

Powers 2

  • s.29 Right to cancel
  • s.45 Orders to secure compliance

Definitions 4

  • Schedule 1 Information relating to on-premises contracts
  • Schedule 2 Information relating to distance and off-premises contracts
  • s.4 “Consumer” and “trader”
  • s.5 Other definitions

Exemptions 10

  • s.6 Limits of application: general
  • s.7 Application of Part 2
  • s.9 Information to be provided before making an on-premises contract
  • s.11 Provision of information in connection with repair or maintenance contracts
  • s.17 Burden of proof in relation to off-premises and distance contracts
  • s.20 Defence of due diligence
  • s.27 Application of Part 3
  • s.28 Limits of application: circumstances excluding cancellation
  • s.34 Reimbursement by trader in the event of withdrawal or cancellation
  • s.40 Additional payments under a contract

Legislative context

Made under