36LDisclosure requirements relating to uninvited direct sale agreements

1. A supplier must ensure that—

2. every uninvited direct sale agreement entered into by that supplier—
   1. is in writing; and
   2. is expressed in plain language; and
   3. is legible; and
   4. is presented clearly; and
   5. complies with the requirements of subsection (2); and
3. a copy of the agreement is given to the consumer—
   1. at the time the agreement is entered into; or
   2. in the case of an agreement entered into over the telephone, within 5 working days after the date on which the agreement was entered into.

4. The requirements referred to in subsection (1)(a)(v) are that—

5. the following information is set out on the front page of the agreement:
   1. a clear description of the goods or services to be supplied under the agreement; and
   2. a summary of the consumer's right to cancel the agreement under section 36M(1); and
   3. the supplier's name, street address, telephone number, and email address; and
   4. the consumer's name and street address; and
6. either—
   1. the total price payable, and any other consideration to be given, under the agreement is disclosed in the agreement; or
   2. if the total price or consideration is not ascertainable at the time at which the agreement is entered into, the method by which the total price or consideration will be calculated is disclosed in the agreement; and
7. the agreement is dated.

8. The supplier must give the consumer oral notice, before the agreement is entered into, of—

9. the consumer's right to cancel the agreement within 5 working days after the date on which the consumer receives a copy of the agreement; and
10. how the consumer may cancel the agreement.

11. However, if an uninvited direct sale agreement is, or includes, a consumer credit contract (as defined in section 11 of the Credit Contracts and Consumer Finance Act 2003), in relation to that consumer credit contract only,—

12. Part 2 of that Act applies in place of subsections (1) to (3) and sections 36M to 36R; and
13. the supplier must give the consumer oral notice, before the agreement is entered into, of—
    1. the consumer's rights to cancel the agreement under that Act; and
    2. how the consumer may cancel the agreement under that Act.

14. For the purposes of subsection (4), a consumer credit contract is included in an uninvited direct sale agreement if that contract was entered into for the purpose of financing the purchase of the goods or services that are the subject of the uninvited direct sale agreement.

15. To avoid doubt, where an uninvited direct sale agreement includes a consumer credit contract, subsections (1) to (3) and sections 36M to 36R continue to apply to every part of the agreement that is not a consumer credit contract.