Part III Chapter I deals with the requirement for certain information to be provided to consumers before they are bound by a contract.
It specifies different requirements for on-premises, off-premises and distance contracts.
Part III introduces the concept of on-premise, off-premise and distance contracts. Broadly speaking off-premises contracts are ones where the consumer and trader are physically together, but not on the business premises of the trader. Distance contracts are where the consumer and trader are not physically together. On-premises are contracts that are neither of the other two.
The process of booking an appointment for a service is not considered when determining the type of contract. Consider only where the service itself will be performed. If the service will be performed at your premises, it will be an on-premises contract. If instead it is performed at the consumer's home, it will be an off-premises contract.
Areas excluded from Part III requirements:
- Gambling,
- Financial services,
- Immovable property,
- Doorstep deliveries by regular roundsmen,
- Vending machines,
- Public pay phones,
- Single use telephone, internet, fax etc.,
- Goods sold by way of execution,
- Prescriptions,
- Passenger transport services,
- On-premises day to day transactions performed immediately,
- Off-premises contracts under £50.
There are different requirements for how the information must be provided, depending on whether the contract is:
- On-premises contract,
- Off-premises contract,
- Off-premises repair/maintenance callout,
- Distance contract,
- Distance contract where communication method has limited time/space to display the information,
- Distance contract concluded by electronic means.
Checklists
- To find out what information must be provided, how and when see:
- Checklist 1 - on-premises contracts
- Checklist 2 - off-premises contracts
- Checklist 3 - off-premises that are repair/maintenance callouts under £200
- Checklist 4 - distance contracts
- Checklist 5 - distance contracts where there is limited time/space to display the information
- Checklist 6 - distance contracts made via websites, apps, or other electronic means
Additional payments
- The consumer does not have to pay any additional charges in addition to that agreed for the main obligation, unless, before the consumer is bound, they give express consent. Consent is not given by failing to change a default option e.g. a pre-ticked box on a website.
Helpline charges
- Phones lines for consumers to contact traders about contracts can't charge more than the basic rate.
Enforcement
- Trading Standards Service has a duty to consider any complaint made about contravention of this Part unless frivolous or vexatious.
- Trading Standards Service can apply for an injunction against any person who appears to be responsible for a contravention of this Part.
