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Law

BOX1

Sales Of Goods Act

All businesses that supply goods/services, including online and distance sellers, must follow the ‘Sale of Goods Act’.

 

These rules apply whether sellers visit a customer with or without an appointment, or agree the sales contract verbally or in writing.

 

Who the rules apply to

The rules apply if you are being sold any goods or services which are personal issues and non business to business transactions. Apart from the above mentioned you can include such other things as: home improvement, extension work, repair and maintenance services gardening services personal items such as cosmetics, clothes, jewellery and toiletries household items books and leisure items nutrition and health products energy supplies (eg gas and electricity) disability aids and mobility products such as stair lifts, scooters and buggies

 

Exceptions

These rules don’t apply to: financial services eg mortgages, pensions, insurance contracts for the construction of new houses and flats, sale or rental of property (but they do apply to estate agents’ marketing services, extensions, patios, conservatories or driveways and to repairs, refurbishment and improvement of property) contracts for food and drink supplied by regular “roundsmen”, like a milkman contracts under £43

 

Penalties

Failure to inform a customer of their right to cancel is a criminal offence. If

On 23 February 2011 new Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010 (the Regulations) came into force and apply across the UK. The Regulations transpose into UK law EU Directive 2008/122/EC on the protection of consumers in respect of certain aspects of timeshare, long-term holiday product, re-sale and exchange contracts.

 

The ultimate aim of the Regulations is to enhance consumer confidence (has this been achieved) in the timeshare industry in the UK and eliminate the operations of rogue traders which cause considerable problems for consumers.

In brief, the Regulations apply to the sale and marketing of the following types of contract:

 

a timeshare contract – a contract of a duration of more than one year;

a long term holiday product contract – a contract of a duration of more than one year;

a resale contract – a contract under which a trader, for consideration, assists a consumer to sell or buy a timeshare or a long term holiday product; and

an exchange contract – a contract under which a consumer, for consideration, joins an exchange system which allows that consumer access to overnight accommodation or other services, in exchange for granting to other persons temporary access to the benefits of the rights deriving from that consumer’s timeshare contract.

The Regulations replace entirely the old regime in the UK by repealing the Timeshare Act 1992 and revoking the Timeshare Regulations 1997. Ancillary regulations and orders (such as the Timeshare (Repayment of Credit on Cancellation) Order 1992) also fell when the Act and the regulations were removed.

 

The purpose of this note is to provide an overview of the background to, and the main provisions of, the Timeshare, Holiday Products, Resale and Exchange Contracts Regulations 2010.

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