UK Statutory Instrument 2013 United Kingdom

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

What this means for your business

38 obligations
8 penalties
13 guides
Enforced by
CMA, Trading Standards
Applies to
United Kingdom
On this page
38 compliance obligations, 13 practical guides across 2 topics
Read full text on legislation.gov.uk

What you must do

38 compliance obligations under this legislation.

Management duties 15

Arrange collection or return of goods and bear return costs when a consumer cancels

When a consumer cancels a purchase, you must either collect the goods (if you offered to or if they were delivered to their home and can’t be posted) or give them a clear address to send the items back. You also need to pay the direct cost of returning the goods unless you told the consumer they would pay, and you must not charge them any other fees.

Trader/Business s.35 CMA Consumer cancels the contract under regulation 29(1); goods were delivered to the …

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 …

Do not start a service before the cancellation period ends unless the consumer requests it

You must wait until the statutory cooling‑off period is over before you begin delivering a service, unless the customer has given you a clear, express request to start early (and for off‑premises contracts that request must be on a durable medium). If you do start the service after such a request, you can only charge a proportionate amount for the part of the service supplied up to the point the consumer tells you they are cancelling.

Trader/Business s.36 CMA When a consumer is within the cancellation period set out in regulation …

Do not start digital content delivery before cancellation period ends

If you sell digital content that isn’t on a physical medium (e.g., software download, streaming service), you must not begin supplying it until the consumer’s 14‑day cooling‑off period is over. You may only start earlier if you have obtained the consumer’s clear written consent together with a written acknowledgement that they will lose their right to cancel, and you have sent the required confirmation. If you breach these rules, the consumer cannot be charged for any part of the content supplied during the cancellation period.

Trader/Business s.37 CMA When you sell digital content not on a tangible medium to a …

Do not start services in cooling‑off period unless consumer requests

You must not begin delivering a service while the consumer is still in their right‑to‑cancel period, unless the consumer expressly asks you to start (and does so on a durable medium for off‑premises contracts). If you do provide the service after such a request, you can only charge a proportionate amount for the part supplied up to the moment the consumer tells you they are cancelling, and only if you gave the required pre‑contract information.

Trader/Business s.36 CMA During the consumer’s cancellation period under regulation 30(1)

Inform consumers and obtain clear acknowledgement of payment before electronic orders

If you sell goods or services online, you must show the key contract information (the items listed in Schedule 2) in a clear, prominent way before the customer places the order. You also need to make sure the customer actively confirms that the order creates a payment obligation, use an unambiguous label on the order button (e.g., “order with obligation to pay”), and clearly display any delivery restrictions and which payment methods you accept at the start of the ordering process.

Trader/Business s.14 CMA When a distance contract is concluded by electronic means (e.g., an online …

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

Only start digital content delivery after consumer consent and cancellation‑right acknowledgement

You must not begin providing digital content (such as downloads or streaming) until the 14‑day cooling‑off period ends, unless the customer has explicitly agreed to start early and has been told they will lose their right to cancel. If you start without this consent, you cannot charge the consumer for any part of the content.

Trader/Business s.37 CMA When supplying digital content not on a tangible medium during the 14‑day …

Provide address and arrange return of goods when a contract is cancelled

If a consumer cancels a purchase, you must either collect the goods (where you have offered to do so or where they cannot be returned by post) or give the consumer a clear address to send the goods back. You also need to tell the consumer who will pay the return cost, and if you fail to give that information you must pay the cost yourself.

Trader/Business s.35 CMA when a sales contract is cancelled by the consumer under regulation 29(1)

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 …

Provide required pre‑contract information and cancellation form

Unlimited fine

If you sell goods or services to a consumer away from your premises (e.g., online, by phone or door‑to‑door), you must give them all the information listed in Schedule 2 and a cancellation form, in a clear, legible format, before the contract is binding. The information can be on paper or any durable medium the consumer agrees to, and it must be provided on time.

Trader/Business s.10 CMA When entering into an off‑premises (distance or door‑to‑door) contract with a consumer

Provide required pre‑contract information for distance sales

When you sell goods or services online, by phone, mail or any other distance method, you must give the consumer all the information set out in Schedule 2 in a clear, easy‑to‑understand way before the contract is formed. If the consumer has a right to cancel, you must also supply the standard cancellation form. The information must be legible on any durable medium and, where the communication channel is very limited (e.g., SMS), the key bits must appear there with the rest provided by another suitable method.

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

Provide required pre‑contract information for distance sales

Before you bind a consumer to a distance contract (online, phone, mail, etc.), you must give them all the information set out in Schedule 2 in a clear, easy‑to‑understand way that fits the communication method you’re using. If the consumer has a right to cancel, you must also supply the standard cancellation form, and the information must be legible on any durable medium. When space or time is limited (e.g., a banner ad), you must still present the key items directly and supply the rest by another appropriate means.

Trader/Business s.13 CMA when concluding a distance contract with a consumer

Show clear payment info and get explicit consent for online orders

If you sell goods or services online and the customer must pay, you must display the key payment information in a clear, prominent way before they place the order. You also need to make sure they explicitly acknowledge that placing the order creates a payment obligation, use an unambiguous button label, and clearly state any delivery restrictions and accepted payment methods at the start of the ordering process.

Trader/Business s.14 CMA when concluding a distance contract by electronic means that creates an obligation …

Notifications 10

Acknowledge consumer cancellations promptly

If a customer uses the online form or any other method you provide on your website to cancel or withdraw from a distance contract, you must immediately confirm that you have received their cancellation. The acknowledgement must be sent on a durable medium such as email or a written letter, and it should be sent without delay so the consumer knows their request is being processed.

Trader/Business s.32 CMA Consumer uses the trader’s online cancellation form or submits a cancellation via …

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 …

Acknowledge consumer cancellations promptly on a durable medium

If you give customers the option to cancel a distance or off‑premises contract on your website, you must send them an acknowledgement that you have received their cancellation as soon as possible, using a durable medium such as email or a written letter. You also need to accept any clear statement of cancellation, not just the model form.

Trader/Business s.32 CMA When a consumer cancels a contract using the online form or other …

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 …

Disclose identity and purpose at start of sales calls

If you call a consumer with the aim of selling them a distance contract, you must begin the call by telling them who you are, who you’re calling on behalf of (if that’s not you), and why you’re calling. This must be done for every such sales call.

Trader/Business s.15 CMA Making a telephone call to a consumer with a view to concluding …

Disclose identity and purpose at start of sales calls

When you call a consumer to try to sell or finalise a distance contract, you must tell them who you are, who you’re calling on behalf of (if it’s not you personally), and that the call is for commercial purposes. This information has to be given at the very beginning of the conversation, before any sales talk.

Trader/Business s.15 CMA When making a telephone call to a consumer with a view to …

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 contract confirmation on a durable medium

When you sell goods or services to a consumer at a distance (online, by phone, post, etc.), you must send them a written confirmation of the contract on a durable medium. The confirmation must contain all the information required by the Regulations (or that you have already provided) and be sent promptly – no later than the goods are delivered or the service begins.

Trader/Business s.16 CMA 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

Other requirements 2

Provide contract confirmation on a durable medium

When you sell anything to a consumer at a distance (online, by phone or mail), you must send the consumer a written (or other durable) confirmation of the contract. The confirmation must contain all the information required by Schedule 2 (unless you have already given it) and, for digital content, must also confirm the consumer’s consent. It has to be sent within a reasonable time – no later than the goods are delivered or before you start providing any service.

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

Provide required pre‑contract information and cancellation form

When you sell to a consumer away from your premises (e.g., door‑to‑door, telephone, online), you must give them the information set out in Schedule 2 in a clear, legible way, and if they have a right to cancel you must also hand them a cancellation form. This must be done on paper or another durable medium the consumer agrees to, and it has to be supplied before the contract is binding.

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

Payments and fees 2

Charge only basic rate for consumer help‑line calls

If your business runs a telephone line for customers to call about contracts, you must not make them pay more than the basic telephone rate. Should you charge a consumer a higher amount, you are required to pay them back the excess. Make sure your phone system and billing are set up accordingly and keep records of what you charge and any refunds.

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

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 6

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

Cause another person to breach consumer cancellation notice duties

Unlimited fine

If a person commits an offence for failing to give the required notice of a consumer's right to cancel, and that failure is because of your act or omission, you can be prosecuted as well. You may be punished even if the original offender is not charged.

Any Person s.21 CMA

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

Corporate offence liability for officers

Unlimited fine

If your company (or a Scottish partnership) commits an offence under regulation 19 and the breach is caused by an officer’s consent, connivance or neglect, both the company (or partnership) and the officer can be prosecuted. The officer can be anyone acting as a director, manager, secretary or similar, even if only pretending to hold that role.

Director/Officer s.22 CMA

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

Fail to give required cancellation notice

Unlimited fine

If you are a trader who makes an off‑premises contract covered by regulation 10 and you do not provide the consumer with the information about their right to cancel as set out in Schedule 2 (paragraphs l, m or n), you commit a criminal offence. On conviction in the magistrates’ court you face an unlimited fine. No prison term is mentioned.

Trader/Business s.19 CMA

Record keeping 3

Provide copy or confirmation of off‑premises contracts

If you sell a contract away from your business premises (e.g., at a consumer’s home or over the phone), you must give the consumer either a paper copy of the signed contract or a written confirmation that includes all the required information. This must be supplied on paper (or another durable medium if the consumer agrees) within a reasonable time – but no later than the delivery of any goods or before any service starts. For digital content, you also need to confirm the consumer’s consent and acknowledgement.

Trader/Business s.12 CMA When you conclude an off‑premises contract with a consumer

Provide copy or confirmation of off‑premises contracts

When you sell goods or services away from your business premises, you must give the consumer a copy of the signed contract or a written confirmation that contains all the required information. You can give it on paper or, if the consumer agrees, on another durable medium, and it must be supplied within a reasonable time – no later than the goods are delivered or before any service starts.

Trader/Business s.12 CMA When you conclude an off‑premises contract with a consumer

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

8 penalties under this legislation. 8 carry an unlimited fine.

Unlimited fine

Fail to give right‑to‑cancel notice to consumer

Unlimited fine

Summary only s.19 Penalises: Provide required pre‑contract information and cancellation form
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

Cause another person to breach consumer cancellation notice duties

Unlimited fine

Summary only s.21 Penalises: Cause another person to breach consumer cancellation notice …
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

Corporate offence liability for officers

Unlimited fine

Summary only s.22 Penalises: Corporate offence liability for officers
Unlimited fine

Fail to give notice of cancellation right

Unlimited fine

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

Fail to give required cancellation notice

Unlimited fine

Summary only s.19 Penalises: Fail to give required cancellation notice
Unlimited fine

Officer liability for corporate consumer contract offences

Unlimited fine

Summary only s.22 Penalises: Fail to give required cancellation notice

Practical guidance

Our guides explain how to comply with the requirements above.

Sector-Specific 9

Sections and provisions

51 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 11

  • s.2 Regulations superseded
  • 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