European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013
Source: Iris Oifigiúl 2013-12-13

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paragraphs: (1) These Regulations may be cited as the European Union (Consumer Information, Cancellation and Other Rights) Regulations 2013.
(2) These Regulations come into operation on 13 June 2014 and apply to contracts concluded after that date.
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paragraphs: (1) In these Regulations—
(a) section 39 of the Act of 2002, or
(b) section 30 of the Act of 2007;
(a) any immovable retail premises where a trader carries out his or her activity on a permanent basis, or
(b) any movable retail premises where a trader carries out his or her activity on a usual basis;
(a) enables its recipients to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information, and
(b) allows the unchanged reproduction of the stored information;
(a) a contract 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) a contract for which an offer was made by the consumer in the simultaneous physical presence of the trader and the consumer in a place which is not the business premises of the trader;
(c) a contract 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;
(d) a contact concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer;
(a) goods or services are offered by the trader through a transparent, competitive bidding procedure run by an auctioneer to consumers who attend, or are given the possibility to attend, the auction in person, and
(b) the successful bidder is bound to purchase the goods or services;
(a) digital content not supplied on a tangible medium,
(b) water, gas or electricity not supplied in a limited volume or set quantity, and
(c) district heating;
(a) a natural person, or
(b) a legal person, whether—
(i) privately owned,
(ii) publicly owned, or
(iii) partly privately owned and partly publicly owned,
(2) A word or expression used in these Regulations that is also used in the Directive has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Directive.
(3) A court shall construe these Regulations in a manner that gives effect to the Directive, and for this purpose the court shall have regard to the provisions of the Directive, including its preambles.
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paragraphs: (1) Subject to paragraphs (2) and (5) and Regulations 4, 6, 13, 24, 28 and 32, these Regulations apply to each of the following contracts concluded between a trader and a consumer:
(a) sales contracts, including—
(i) contracts for the supply of digital content on a tangible medium, and
(ii) contracts for the supply of water, gas, or electricity in a limited volume or set quantity;
(b) service contracts;
(c) contracts for the supply of digital content not supplied on a tangible medium;
(d) contracts for the supply of electricity, gas, or water not supplied in a limited volume or set quantity;
(e) contracts for the supply of district heating.
(2) These Regulations do not apply to any of the following contracts concluded between a trader and a consumer:
(a) contracts for social services;
(b) contracts for healthcare;
(c) contracts for gambling;
(d) contracts for financial services;
(e) contracts for the creation, acquisition or transfer of immovable property or of rights in immovable property;
(f) contracts for the construction of new buildings or the substantial conversion of existing buildings;
(g) contracts for rental of accommodation for residential purposes;
(h) contracts within the scope of Council Directive 90/314/EEC2 ;
(i) contracts within the scope of Directive 2008/122/EC of the European Parliament and of the Council3 ;
(j) contracts established, in accordance with the law of a Member State, by a public office-holder who has a statutory duty 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;
(k) contracts for the supply of foodstuffs, beverages or other goods intended for current consumption in the household which are physically supplied by the trader on frequent and regular rounds to the consumer’s home, residence or workplace;
(l) contracts concluded by means of automatic vending machines or automated commercial premises;
(m) contracts concluded with a telecommunications operator through a public pay telephone for the use of the telephone;
(n) contracts concluded for the use of one single connection by telephone, Internet or fax established by a consumer.
(3) Paragraph (2)(d) is subject to Regulation 23(6) (ancillary contracts) and Regulation 24(3) (application of Part 5).
(4) For the purposes of subparagraph 2(j), “Member State” means a state that is a member of the European Union (within the meaning of the European Communities Act 1972 (No. 27 of 1972)) or a state that is a party to the agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the protocol done at Brussels on 17 March 1993.
(5) These Regulations do not apply to off-premises contracts for which the payment to be made by the consumer does not exceed €50.
(6) Where two or more off-premises contracts with related subjects are concluded between a trader and a consumer at the same time, the total cost of the contracts is to be taken into account in applying the monetary threshold specified in paragraph (5).
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paragraphs: Subject to Regulation 3, this Part applies to each of the following on-premises contracts concluded between a trader and a consumer:
(a) sales contracts;
(b) service contracts other than contracts for passenger transport services;
(c) contracts for the supply of digital content not supplied on a tangible medium;
(d) contracts for the supply of water, gas or electricity not put up for sale in a limited volume or set quantity;
(e) contracts for the supply of district heating.
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paragraphs: (1) Before the consumer is bound by an on-premises contract, the trader shall provide the consumer with the information specified in Schedule 1 in a clear and comprehensible manner, if that information is not already apparent from the context.
(2) Paragraph (1) does not apply to contracts which involve day-to-day transactions and which are performed immediately at the time of the conclusion of the contract.
(3) A trader who contravenes paragraph (1) commits an offence.
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paragraphs: (1) Subject to paragraph (2) and Regulation 3, this Part applies to each of the following distance contracts and off-premises contracts concluded between a trader and a consumer:
(a) sales contracts;
(b) service contracts;
(c) contracts for the supply of digital content not supplied on a tangible medium;
(d) contracts for the supply of water, gas or electricity not put up for sale in a limited volume or set quantity;
(e) contracts for the supply of district heating.
(2) Except for Regulation 11, this Part does not apply to contracts for passenger transport services.
(3) In case of dispute, it is for the trader to show compliance with the information requirements laid down in this Part.
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paragraphs: (1) Subject to Regulation 8, before the consumer is bound by an off-premises contract or any corresponding offer, the trader—