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European Communities (Distance Marketing of Consumer Financial Services) Regulations, 2004 [S.I. No. 853 of 2004]Introductory TextPart 1 Preliminary Provisions (regs. 1-5)Regulation 1 Citation and commencementRegulation 2 Object of these RegulationsRegulation 3 InterpretationRegulation 4 Contracts to which these Regulations applyRegulation 5 Certain distance contracts to be subject to certain other RegulationsPart 2 Pre-Contract Requirement for Distance Contracts for the Supply of Financial Services (regs. 6-9)Regulation 6 Supplier to give consumer certain pre-contract informationRegulation 7 Special provisions applicable to information given by telephoneRegulation 8 Additional information requirements not affectedRegulation 9 Obligations of supplier under distance contract for supply of financial servicePart 3 Entry Into and Cancellation of Distance Contracts for the Supply of Financial Services (regs. 10-18)Regulation 10 Consumer's right to cancel distance contractRegulation 11 Period within which a consumer can withdraw from a contract without penaltyRegulation 12 Exceptions to the right to cancel a distance contract for the supply of a financial serviceRegulation 13 Certain related contracts to be automatically cancelledRegulation 14 Obligations of supplier when distance contract is cancelledRegulation 15 Supplier entitled to impose charge for certain services despite cancellation of distance marketing contractRegulation 16 Obligations of consumer when distance marketing contract is cancelledRegulation 17 Certain Regulations not to apply to certain kinds of distance marketing contractsRegulation 18 Other laws not affected by the operation of this PartPart 4 Unsolicited Financial Services and Communications (regs. 19-20)Regulation 19 Offence to provide unsolicited financial services to consumersRegulation 20 Offences by suppliers relating to communicating with consumers with respect to supply of consumer financial servicesPart 5 Sanctions and Enforcement (regs. 21-28)Regulation 21 Offences by bodies corporateRegulation 22 Penalties for offencesRegulation 23 Who may prosecute offences under these RegulationsRegulation 24 Judicial and administrative redressRegulation 25 Appointment of authorised officersRegulation 26 Powers of authorised officersRegulation 27 Warrant required in order to enter private dwellingRegulation 28 Offence to obstruct authorised officers and members of the Garda SíochánaPart 6 Supplementary Provisions (regs. 29-32)Regulation 29 Obligations of providers of payment cardsRegulation 30 Consumer's rights cannot be waivedRegulation 31 Resolution by Financial Services and Pensions Ombudsman of disputes arising in connection with distance contracts for the supply of financial servicesRegulation 32 Co-operation between competent authorities of the State and competent authorities of other Member StatesSchedule 1 Information to be Given by Suppliers Before Entering Into Distance Contract for the supply of a Financial Service to a ConsumerSchedule 2 Information to be given by Supplier Before Entering Into Distance Marketing Contract by TelephoneGiven underExplanatory Note
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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 15 February 2005 - onwards
Version 2 of 2

Regulation 4 Contracts to which these Regulations apply

(1) These Regulations apply to every distance contract for the supply of a financial service. However, these Regulations do not apply to such a contract if it is entered into between a consumer in the State and a supplier who is carrying on business from within another Member State to the extent that -

(a) the other State has implemented the Distance Marketing Directive, or

(b) a law of the other State imposes obligations corresponding to those provided for by these Regulations.

(2) If a distance contract for the supply of a financial service includes an initial service agreement followed by successive transactions, or a series of separate transactions of the same kind performed over time, these Regulations apply only to the initial service agreement.

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