Consumer Protection (Fair Trading) (Cancellation of Contracts) Regulations 2009

Consumer Protection (Fair Trading) Act 2003

(Sections 11, 41 and 43)

Consumer Protection (Fair Trading)
(Cancellation of Contracts)
Regulations 2009

2024 REVISED EDITION

(18 December 2024)

[15 April 2009]

PART 1

PRELIMINARY

Citation

1. These Regulations are the Consumer Protection (Fair Trading) (Cancellation of Contracts) Regulations 2009.

Definitions

2.—(1) In these Regulations —

“cancellation period” means —

(a)	for the purpose of Part 2, the period specified in regulation 4(1); and
(b)	for the purpose of Part 3, the period specified in regulation 4A(1);

“consumer information notice” means a notice in writing containing the information required under regulation 4(7);

“designated person” means a person designated in a consumer information notice as the person to whom notice of cancellation of a contract may be given;

“direct sales contract” means a consumer transaction which is entered into —

(a)

during an unsolicited visit by a supplier to —

(i)	the place of residence of the consumer;
(ii)	the place of residence of another person; or
(iii)	the place of business of the consumer;

(b)

during a visit by a supplier to any place mentioned in paragraph (a) at the express request of the consumer where —

(i)	the goods or services to which the contract relates are not goods or services for which the consumer requested the supplier’s visit; and
(ii)	the consumer did not know, or could not reasonably have known, that the supply of such goods or services formed part of the supplier’s business activities; or

(c)

after an offer was made by the consumer in respect of the supply by the supplier of the goods or services in the circumstances mentioned in paragraph (a) or (b);

“extended cancellation period” means the period mentioned in regulation 4(2);

“initial contact” means —

(a)	any meeting of the supplier and the consumer at a place other than the supplier’s permanent place of business; or
(b)	any communication between the supplier and the consumer by telephone;

“long-term holiday product contract” means a contract between a supplier and a consumer —

(a)	the main effect of which is that the consumer, for consideration, acquires the right to obtain discounts or other benefits in respect of accommodation; and
(b)	which has a duration of more than one year, or contains provision allowing for the contract to be renewed or extended so that it has a duration of more than one year,

irrespective of whether the contract provides for the consumer to acquire other services;

“notice of cancellation” means —

(a)	for the purpose of Part 2, a notice of cancellation given under regulation 4; and
(b)	for the purpose of Part 3, a notice of cancellation given under regulation 4A;

“regulated contract” means a direct sales contract, a long‑term holiday product contract, a time share contract or a time share related contract;

“supplier’s permanent place of business” does not include the supplier’s temporary premises at a trade fair, exhibition or promotional event;

“time share related contract” means a contract to assist a consumer to dispose of his or her time share rights conferred under a time share contract;

“trade-in allowance” means the greater of —

(a)	the price or value of the consumer’s goods as set out in a trade‑in arrangement; or
(b)	the market value of the consumer’s goods when taken in trade under a trade‑in arrangement;

“trade-in arrangement” means an agreement or arrangement, contained in a direct sales contract or forming the whole or part of a related contract, under which the consumer sells or agrees to sell the consumer’s own goods to the supplier or any other person and the goods are accepted as the whole or part of the consideration under the direct sales contract;

“unsolicited visit” means a visit by a supplier, whether or not the supplier is the one who supplies the goods or services, that does not take place at the express request of the consumer.

(2) In these Regulations, references to a supplier —

(a)	are to be construed as references to a supplier with whom a consumer enters into a contract; and
(b)	in the definitions of “direct sales contract” and “unsolicited visit” in paragraph (1) and in regulation 3(1)(e) and (f), includes an employee or agent of the supplier.

(3) For the purposes of the definition of “unsolicited visit” in paragraph (1), a consumer is not considered to have made an express request for a visit by the supplier by reason only that the consumer consented to the visit by the supplier during or after an initial contact at which the supplier indicates expressly or by implication that the supplier is willing to visit the consumer.

(4) In these Regulations, section 7(9) of the Act applies for the purposes of construing the meaning of the term “business use”.

Exclusions

3.—(1) Part 2 does not apply to —

(a)

any excluded transactions specified in the First Schedule to the Act;

(b)

any lease of residential property;

(c)

any contract for the supply of goods or services intended for business use;

(d)

any contract under which the total payments to be made by a consumer do not exceed $50;

(e)

any direct sales contract, if, prior to the visit during which the consumer entered into the contract or made an offer mentioned in paragraph (c) of the definition of “direct sales contract” in regulation 2(1), the terms of the contract were read by or explained to the consumer in the absence of the supplier;

(f)

any direct sales contract resulting from prior negotiations between the consumer and the supplier which took place in circumstances other than those mentioned in paragraph (a) or (b) of the definition of “direct sales contract” in regulation 2(1);

(g)

any direct sales contract entered into by a consumer —

(i)	during a visit made by the supplier at the express request of another person to that other person’s place of residence or business; or
(ii)	after an offer was made by the consumer in respect of the supply of the goods or services in the circumstances mentioned in sub‑paragraph (i),

if the consumer attended the visit with the prior knowledge that the supplier would be present to engage in the supply of the goods or services to which the contract relates; and

(h)

any contract for the supply of financial products or financial services in respect of which a right of cancellation exercisable within a specified period is conferred on the consumer by any written law administered by the Monetary Authority of Singapore or directions issued under section 101 or 293 of the Securities and Futures Act 2001 by the Monetary Authority of Singapore.

(2) Part 3 does not apply to the transactions mentioned in paragraph (1)(a), (b) and (c).

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