Consumer Protection
Consumer Protection (Cancellation of Transaction) Regulations, 2010-5771
With authoritative force according to Section 14f and 37 of the Consumer Protection Law, 1981-5571 (hereinafter - the Law), in consultation with the Minister of Communications, the Minister of Tourism, the Minister of Transportation, the Minister of Health, the Minister of Education, the Minister of Science, the Minister of Culture and Sports and the Minister of Finance, in consultation With the supervisor and with the approval of the Knesset's Economic Committee, I install these regulations:
Definitions
- In these regulations -
"Original packaging" - an object and any material that is used by the manufacturer or importer, as a wrapper for the product that he manufactured or imported and that is not an integral part of the product and is not essential for the purpose of using the product;
"Cancellation fees" - as defined in section 14e(d) of the law;
"Goods" - goods for which the price paid exceeds NIS 50.
Cancelling a transaction
- A consumer may cancel an agreement in accordance with paragraphs (1) to (7), provided that the cancellation of an agreement for the purchase of goods will be on the condition that the consumer returns them to the dealer and the goods are not damaged and have not been used by the purchasing consumer; Returning the goods in the original packaging will be sufficient evidence of not using them -
(1) for the purchase of goods or types of goods as stated in details 1 to 6 and 23 of the addendum - within 14 days from the day he received the goods; Regarding details 1 to 3, 6 and 23 of the addendum, opening the original packaging in itself will not be considered use or damage to the goods, unless proven otherwise; Connecting the goods to electricity, gas or water will be considered for this matter use of the goods;
(2) for the purchase of goods or types of goods as mentioned in item 7 of the addendum - from the day of purchase until the end of two days after which are not rest days, provided that the price tag on the goods, if any, has not been removed;
(3) for the purchase of a service as mentioned in item 8 and 9 of the addendum - within 14 days from the date of making the agreement, provided that the cancellation is made at least 14 days that are not rest days, before the start of the service;
(4) For the purchase of a service as stated in details 10 to 19 of the addendum - within 14 days from the date of making the transaction or from the date of delivery of a written contract or written document as stated in section 13c(c) of the law, according to the later, whether or not the service was applied or not and even if the transaction is for a period of time fixed rate;
(5) For the purchase of goods and services as stated in detail 20 of the addendum - for the purchase of goods, within 14 days from the day he received the goods and for the purchase of a service, within 14 days from the date of making the transaction or from the date of delivery of a written contract or written document as stated in section 13c(c) of the law, whichever is later, between If the service has been provided and whether or not and even if the transaction is for a fixed period, however in a transaction that is not an ongoing transaction as defined in section 13c of the law, within 14 days from the day the transaction is made and up to two days, which are not days of rest, before the start of the service;
(6) For the purchase of goods as stated in detail 21 - within 14 days from the date of making the transaction, provided that it has not yet been registered in the consumer's name according to the Traffic Ordinance [new version] (hereinafter - the Traffic Ordinance);
(7) For the purchase of goods as stated in detail 22 - from the day of purchase until the end of two days after that which are not days of rest.
return of the proceeds
- (a) If the consumer has canceled the purchase agreement, as stated in regulation 2, the dealer shall return to the consumer, minus the cancellation fee as stated in regulation 5 and subject to sub-regulations (b) to (e), the full consideration he paid or cancel his charge, provided that the consumer has presented an invoice or Cash register tape or bill of exchange testifying to the fact that the transaction was made with the dealer or other proof regarding the fact that the transaction was made, the date, the amount paid for it and the means of payment.
(b) The consumer is required to purchase goods in order to receive a service, the consumer has the right to return them to the dealer even if they have been used, provided they are not damaged and the dealer will return the consumer's money.
(c) If the installation of goods used to provide a service was carried out at the consumer's home, the consumer shall pay the dealer the cost of the installation in an amount not exceeding NIS 100.
(d) The consumer canceled an ongoing transaction as defined in section 13c of the law, which came into effect upon its issuance, the consumer shall pay the relative consideration for the use of the service.
(e) The return of the proceeds will be possible at the merchant from whom the product was purchased as well as at any of the merchant's branches or at the merchant's points of sale; These instructions shall not apply to a franchisee of the dealer, provided that the franchisee has presented, in a prominent place in his business, a notice to that effect; In this sub-regulation, "franchisee" - holder of the right to use the dealer's name while maintaining a separate accounting business system.
How to return the proceeds
- (a) The return of the consideration, as stated in regulation 3, will be at the time of cancellation of the transaction, as far as possible or as soon as possible and no later than seven business days and will be done in the same way as the payment was made; If the payment was in cash, the refund will be in cash or cashed check; The payment was by check - if the check is paid, the return of the consideration will be in cash or cashed check within five business days, and if it is not paid, the return of said consideration will be within five days of the date it was paid; If the payment was by credit card, the merchant will cancel the charge, and if the merchant's account is credited, the merchant will return the amount won to the consumer in cash or cash check or inform the consumer's credit card company of the cancellation of the transaction and the credit card company will immediately credit the consumer's credit card with the amount of the charge, provided that it was able of the credit card company to be reimbursed by the merchant due to the canceled transaction; However, it was not possible to credit the consumer's credit card as mentioned, the dealer will return the consideration to the consumer in cash or cashier's check.
(b) Notwithstanding what is stated in sub-regulation (a), the return of the consideration, as stated in regulation 3 of an ongoing transaction will be subject to section 13d of the law; If the transaction was made with a credit card, the merchant will cancel the charge and if the merchant's account is credited, the merchant will notify the consumer's credit card company of the cancellation of the transaction and the credit card company will credit the consumer's credit card with the amount of the charge, on the billing date following the aforementioned cancellation notice provided that the credit card company was able to be reimbursed by the dealer due to the canceled transaction; However, it was not possible to credit the consumer's credit card as mentioned, the dealer will return the consideration to the consumer in cash or cashier's check; If the transaction was made through authorization to debit an account and the consumer's account is debited, the merchant will credit the consumer's account with the amount of the debit.
Cancellation fees
- (a) If the consumer has canceled the purchase agreement, as stated in regulation 2, the dealer may charge the consumer a cancellation fee at the rate of 5% of the price of the goods or the value of the service or NIS 100, whichever is lower.
(b) If the transaction was made with a credit card and the merchant proved to the consumer that the credit card company or another body with which the merchant contracted to perform credit card clearing, charged him a fee for clearing the credit card in the canceled transaction, the merchant may also charge the consumer the payment collected from him.
Limiting the right of cancellation
- (a) The right of cancellation as stated in these regulations shall not apply to -
(1) furniture assembled in the consumer's home;
(2) goods manufactured especially for the consumer according to special measurements or requirements;
(3) goods that according to law cannot be returned;
(4) food products;
(5) drugs and nutritional supplements;
(6) loss goods;
(7) information as defined in the Computer Law, 5555-1995;
(8) goods that can be recorded, reproduced or duplicated, whose original packaging has been opened by the consumer;
(9) underwear including swimwear;
(10) Gas, as defined in the Law on Arrangements in the State Economy (Legislative Amendments), 1989;
(11) jewelry for which the price paid is higher than NIS 3,000, excluding watches;
(12) Hospitality, travel, leisure and recreation services that are performed entirely outside of Israel including -
(a) a connecting flight to a flight that departed from Israel and is provided by another airline (hereinafter - a connecting flight);
(b) a vacation package outside of Israel, except for a flight from and to Israel, which is not a connecting flight;
provided that the dealer disclosed to the consumer, prior to the contract, the conditions for canceling the service provider's transaction outside of Israel; The burden of proof regarding this paragraph rests with the dealer; In this paragraph - "outside of Israel" - except for the area as defined in the Value Added Tax Law, 536-1975; "travel" - flight, sailing, organized trip and the like in these and sailing, with the exception of transporting goods.
(b) The consumer requested that the goods he ordered be delivered to him later than six months from the date of the transaction, the right of cancellation will not apply if the consumer requested to cancel the transaction after the date of delivery.
(c) A transaction was made and the consideration was paid by the consumer in vouchers, a gift voucher or a loaded magnetic card, the right of cancellation will not apply to this transaction.
first
- The commencement of these regulations 3 months from the date of their publication.
incidence
- (a) These regulations shall also apply to goods and services given to the consumer as a gift from someone other than the dealer (in this regulation - a gift), provided that the consumer has presented the dealer with a bill of exchange attesting to the actual performance of the transaction with the dealer or other proof regarding the actual performance of the transaction, the date, the amount paid Ada and the means of payment.
(b) the gift was paid in cash, the consideration will be returned in cash or cashed check; The gift was paid by check - if the check is paid, the return of said consideration will be in cash or cashed check within five business days, and if it is not paid, the return of the consideration will be within five days of the date it was paid; The gift was paid for by credit card, the refund will be in cash provided that the account of the consumer purchasing the gift has been debited; In this regulation, "goods" - including gift vouchers and excluding purchase vouchers.
Temporary Provisions
- In the period until the 19th day of Tevet 2013 (January 1, 2013) it will be considered as if, despite what is stated in regulation 2(3), regarding item (8) in the addendum, a consumer may cancel an agreement to purchase the subscription service in the said item within 14 days from the date of making the agreement Provided that the cancellation will be made at least 18 days that are not rest days, before the start date of the service.