Cooling off periods and cancellations

Author: Paul Young  |  Category: Consumer Rights

 

It is a law in the UK that when goods are purchased by a consumer either online, by way of fax or phone, mail order, or digital TV there must be a cooling off period provided in which the customer has the right to cancel the contract.

Online Services, Mail Order, or Orders by Phone

When ordered by one of the above methods, Distance Selling Regulations apply. In the case of services there is a seven day cooling off period from the time the order was placed. The day after the seventh day will mean the cooling off period is over and the customer’s right to cancel under this law will no longer be valid. When talking about goods that have been purchased, the cooling off period will end seven days after the goods were received. When filling out orders online, be sure to check the terms of service for the goods or services that are purchased, as the supplier will likely indicate there who is responsible for postage should any items need to be returned. The decision to cancel must be provided in writing. This means the company must receive the cancellation notice by email, fax or letter. Once they receive the cancellation notice, a refund must be provided within 30 days of the receipt of such notice.

If you do not receive a written confirmation of the order at the time you receive the product or service the cooling off period will be extended until 7 days after such receipt, or up to another 3 months. There are exceptions to the cooling off period and cancellation rules, however, that one should be aware of. Timeshare arrangements or package travel as well as transport, catering and leisure services, and accommodations do not apply to these rules. Any custom made products or perishable goods also will not be included as cooling off period items. Any magazines or newspapers, premium-rate website or telephone services, or services that begin prior to the cooling off period being over will not be taken into account either. Any computer software, videos, or audio recordings that have been opened will not fall under cooling off period cancellation rules. Any goods regularly delivered to a home or workplace as well as any gaming, lottery, or betting services or goods do not fall under these rules either.

Doorstep Seller

“The Cancellation of Contracts made in a Consumer’s Home or Place of Work etc Regulations 2008″ are also known as Doorstep Selling Regulations. For any purchase made of over 35 pounds from a trader who has sold you goods either at your workplace or home there is a 7 calender day cooling off period in which you can get a full refund by canceling the contract. These rules also apply to goods purchased at trade fairs or marketing presentations. Timeshare agreements fall under the same rules as a doorstep seller with one exception. The cooling off period for a contract that is signed in the UK is 14 days.

Financial Products and Services

When it comes to credit agreements one can only get the benefit of a cooling period if the agreement was made somewhere other than the creditors place of business or if the transaction was done by post, online, or by phone. Any agreement signed outside the creditor’s place of business is subject to a 5 day cooling off period, while others are subject to a 14 day cooling off period. The cooling off period will only begin after the creditor advises you of the information.

Any credit, insurance, pension, banking, or investment services or products are subject to a 14 day cooling off period, or 30 days in the cases of personal pensions and life insurance. Regardless of whether you had signed the contract in front of the salesman or not, these rules will be in effect.

No matter what category a purchase falls under, a notice of the cooling off period and steps that are needed to be done to complete any cancellation must be given to you in writing by the merchant or the contract will be considered unenforceable. Any cancellation request you need to send should be sent by recorded delivery as it is not the date the notice is received that counts, but the date the notice was posted. As long as it is within the cooling off period the cancellation notice must be honored.

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