5.—(1) If goods or services (whether or not unsolicited) are supplied to a consumer on a free trial basis, in relation to a consumer transaction, the supplier shall give a reminder notice to the consumer in accordance with this regulation.
(2) The reminder notice shall be given to the consumer —
(a)
at least 3 days (excluding Saturdays, Sundays and public holidays) before the end of the free trial period or, if the free trial period is 3 days or shorter, at the commencement of the free trial period; and
(b)
not earlier than 14 days (excluding Saturdays, Sundays and public holidays) before the end of the free trial period.
(3) Subject to paragraphs (5)(a) and (6)(a), the reminder notice shall be sent to the address to which the goods or services are supplied.
(4) The reminder notice shall contain the following information presented in a clear and conspicuous manner:
(a)
the date when the free trial period ends; and
(b)
the address or telephone number at which the consumer may notify the supplier before the end of the free trial period whether the consumer wishes to continue to receive the supply of the goods or services.
(5) If the goods or services are supplied to the consumer at an electronic mail address, the reminder notice shall —
(a)
be sent to that electronic mail address; and
(b)
specify an electronic mail address or an Internet location address for the purposes of paragraph (4)(b).
(6) If the goods or services are supplied to the consumer at a telephone number, the reminder notice shall —
(a)
be sent to that telephone number; and
(b)
specify a telephone number for the purposes of paragraph (4)(b).
(7) An electronic mail address, an Internet location address or a telephone number specified for the purposes of paragraph (4)(b) must be valid and capable of receiving communications in reasonable numbers from the consumers to whom reminder notices are sent.
(8) This regulation does not prevent the supplier from providing any other additional means for the consumer to notify the supplier whether the consumer wishes to continue to receive the supply of the goods or services.
(9) A consumer who pays for goods or services supplied on a free trial basis may give to the supplier a demand, in writing, for a refund of any payment made for such goods or services (whether supplied during or after the free trial period) if —
(a)
the supplier failed to give the consumer a reminder notice in accordance with this regulation; and
(b)
the consumer did not, at any time after the commencement of the supply of such goods or services to him on a free trial basis, expressly acknowledge to the supplier in writing his intention to accept and pay for the goods or services.
(10) Regulation 6(2) to (7) shall apply to a demand made under paragraph (9) in like manner as it applies to a demand under regulation 6(1) except that references to unsolicited goods or services shall be taken to refer to goods or services supplied on a free trial basis.
(11) In any proceedings taken in any court between the consumer and a supplier where a dispute arises as to whether the supplier has given a reminder notice to the consumer in accordance with this regulation, section 18A of the Act shall apply so that the supplier shall bear the burden of proving that he has so given the reminder notice.
(12) This regulation shall apply without prejudice to any rights or obligations of the consumer under regulation 3 in the case of unsolicited goods or services.
(13) This regulation shall not apply to the supply of goods or services on a free trial basis under a contract with a consumer, where under the terms of the contract, if the consumer exercises his right to terminate the contract during the free trial period, the consumer may be denied a full refund of any payment made under the contract or may incur liability to pay any indemnity, compensation or fee.