Information required in consumer information notice
Part ASupplier’s Contact Information
1. Name of supplier.
2. Supplier’s reference number, code or other details to enable the transaction to be identified.
3. Designated person(s) to whom notice of cancellation to be given, including at least one name and at least one address or facsimile number.
Part BConsumer’s Right to Cancel Contract under Consumer Protection (Fair Trading) (Cancellation of Contracts) Regulations
1. The consumer has a right to cancel a regulated contract within 5 days (excluding Saturdays, Sundays and public holidays) after —
(a)
the day on which the consumer entered into the contract;
(b)
the day on which the consumer information notice was brought to his attention, if the consumer information notice was not brought to the attention of the consumer before or at the time he entered into the contract; or
(c)
where the regulated contract is a long-term holiday product contract, and neither the information relating to the discounts or other benefits in respect of accommodation which the consumer will acquire under the contract, nor the technical means of accessing such information (e.g. password), was provided to the consumer before or at the time he entered into the contract, the earlier of the following:
(i)
the day on which such information is provided to the consumer; or
(ii)
the day on which the technical means of accessing such information is provided to the consumer.
[S 43/2014 wef 01/04/2014]
1A. The supplier must not request or accept payment of any sum or other consideration in contemplation of or under a long-term holiday product contract, a time share contract or a time share related contract from a consumer or prospective consumer before the expiration of the cancellation period referred to in paragraph 1.
[S 43/2014 wef 01/04/2014]
1B. The supplier must, prior to entering into a time share contract or long-term holiday product contract with the consumer, provide the consumer with a product information notice containing the information listed in the Third Schedule to the Consumer Protection (Fair Trading) (Cancellation of Contracts) Regulations 2009 (the Regulations). The supplier must ensure that the information contained in the product information notice is clear, comprehensible and accurate, and sufficient to enable the consumer to make an informed decision about whether or not to enter into the contract.
[S 43/2014 wef 01/04/2014]
1C. If the supplier requests or accepts payment or other consideration in breach of the prohibition referred to in paragraph 1A, or enters into a contract in breach of the requirements referred to in paragraph 1B, the cancellation period of 5 days referred to in paragraph 1 will be extended by a further 3 months (the extended cancellation period).
[S 43/2014 wef 01/04/2014]
2. If the consumer affirms the regulated contract at any time after the expiry of 5 days (excluding Saturdays, Sundays and public holidays) after the later of the day on which the regulated contract was entered into and the day on which the consumer information notice was brought to the attention of the consumer, the consumer will lose his right to cancel the contract under the Regulations.
[S 43/2014 wef 01/04/2014]
3. If, having cancelled the regulated contract, the consumer enters into a subsequent contract (on substantially the same terms as the cancelled contract) with the supplier at any time before the expiry of the cancellation period or, where applicable, the extended cancellation period of the cancelled contract, the cancellation period for the subsequent contract will expire when the cancellation period or extended cancellation period (as the case may be) of the cancelled contract would have expired. If, however, the subsequent contract is itself a regulated contract, the consumer can also rely on the cancellation period or, where applicable, the extended cancellation period of the subsequent contract, if the cancellation period or extended cancellation period (as the case may be) of the subsequent contract expires later.
[S 43/2014 wef 01/04/2014]
4. To cancel the contract under the Regulations, the consumer should give the supplier a notice of cancellation expressed in the form set out in the Second Schedule to the Regulations or in any other notice in writing of the consumer’s intention to cancel the contract under the Regulations.
5. A notice of cancellation must be delivered personally to the person designated in the consumer information notice, or left at or sent by pre-paid post to the address designated in the consumer information notice, or sent by facsimile transmission to the facsimile number designated in the consumer information notice.
6. If the supplier did not designate the necessary person, address or facsimile number in the consumer information notice, the consumer can give notice of cancellation under the Regulations by a notice in writing left at or sent by pre-paid post to the usual or last known address of the place of business of the supplier or designated person (if any). If the supplier or designated person is a body corporate, the notice can be left at or sent by pre-paid post to its registered office or principal office.
7. If the supplier agrees to accept a notice of cancellation by any additional means, the consumer can do so by the means so agreed.
8. A notice of cancellation sent by pre-paid post is deemed to have been given at the time of posting, whether or not it is actually received. The consumer is advised to send the notice by registered post to facilitate proof of posting.
9. The consumer may have other rights to cancel the contract apart from the Regulations. Cancellation under the Regulations does not prejudice those other rights.