The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are designed to protect individuals who shop remotely. Whether you are buying online, over the phone, or from a doorstep seller, these rules ensure you have clear rights and recourse if a transaction does not go as planned.
1. Core Cancellation Rights
When you purchase remotely, you are granted a statutory “cooling-off” period:
* Physical Goods: You have the right to cancel from the moment you place the order up until 14 days after the day you receive the items. If your order arrives in multiple batches, the 14-day window begins after the final item is delivered.
* Services: The 14-day cancellation period starts the day the contract is agreed upon.
* Digital Content: If you wish to download software, music, or other digital media within the 14-day window, you must explicitly agree to waive your right to cancel once the download begins.
* Financial Products: Insurance and other financial services are governed separately by the Financial Services (Distance Marketing) Regulations 2004.
* Pre-Ticked Boxes: Businesses are strictly prohibited from charging you for add-ons (like extended warranties) that were automatically placed in your cart via a pre-ticked box. You must actively choose to add such items.
2. Information Traders Must Provide
The level of detail a business must disclose depends on how the sale is conducted.
For Distance or Off-Premises Sales (Online, Phone, or Doorstep):
Traders must clearly provide the following details in a “durable medium” (e.g., printed on paper or sent via email):
* A clear description of the product, service, or digital content, including the duration of any ongoing commitments.
* The total cost, or the formula used to calculate it if the exact price cannot be determined upfront.
* Payment methods and expected delivery timelines.
* Any extra shipping fees or additional costs (or a statement that such costs may apply if they cannot be calculated in advance).
* Clear instructions on who bears the cost of return shipping if you exercise your right to cancel.
* Details of your cancellation rights, including access to a standard cancellation form (though you are not legally required to use this specific form).
* The trader’s geographic address, contact information, and the identity of any third party they represent.
* Details regarding the compatibility of digital content with specific hardware or software, to the best of the trader’s knowledge.
*Penalty for Non-Compliance:* If a business fails to provide this mandatory information, your legal right to cancel the contract can be extended by up to 12 months.
For On-Premises Sales (In a Physical Store):
While the disclosure requirements are less extensive, traders must still provide key details, such as the main characteristics of the goods/services, the total price, any applicable delivery charges, and digital content compatibility.
3. How to Cancel and Obtain a Refund
Your cancellation rights for remote purchases are significantly stronger than those for in-store purchases (which are covered by the Consumer Rights Act 2015).
* The Timeline: You have 14 days to notify the trader of your decision to cancel, followed by an additional 14 days to physically return the goods.
* Refund Deadline: The trader must issue your refund within 14 days of either receiving the returned goods or receiving your proof of postage (whichever happens first). If the trader arranged to collect the items, the 14-day refund window starts from the day you notified them of your cancellation.
* Delivery Costs: The business must refund the standard delivery fee you paid to get the items. However, they are not obligated to refund the extra cost of premium shipping options (e.g., next-day guaranteed delivery) unless they failed to offer a standard option.
* Condition of Goods: You may handle the items as you would in a physical store to inspect them. However, if the value of the goods diminishes because you handled them excessively, the trader may deduct an appropriate amount from your refund.
4. Exemptions to the Right to Cancel
The 14-day cancellation right does not apply to certain categories, including:
* Custom-made, bespoke, or highly personalized items.
* Perishable goods (e.g., fresh food).
* Sealed items that are not suitable for return due to health or hygiene reasons, if the seal has been broken (e.g., cosmetics, earrings).
* Sealed audio, video, or computer software that has been unsealed after delivery.
* Goods that have become inseparably mixed with other items after delivery.
5. Special Rules for Services
* Early Commencement: A trader should not begin a service during the 14-day cooling-off period unless you explicitly request it. If you do request early service and later cancel, you must pay a proportional amount for the service already rendered.
* Full Completion: If a service is fully completed within the 14-day period with your prior consent and acknowledgement that you will lose your cancellation right, you can no longer cancel.
* Service Exemptions: You cannot cancel contracts for hotel accommodations, flights, car rentals, event tickets, or urgent home repairs/maintenance once they are booked or scheduled.
6. Digital Downloads
Businesses cannot supply digital content during the 14-day cooling-off period unless you give explicit consent and acknowledge that doing so forfeits your right to cancel. This rule ensures that consumers have time to reconsider their purchase before consuming the digital product.
7. Delivery and Risk
Under the Consumer Rights Act 2015, the retailer retains responsibility for the goods until they are physically received by you or a person you designated (such as a neighbour).
* The retailer is liable for any issues caused by their chosen courier.
* Unless otherwise agreed, goods must be delivered within 30 days.
* If a delivery is significantly late and time was of the essence, or if a new reasonable delivery date cannot be agreed upon, you have the right to cancel the order and receive a full refund.
8. Returning Faulty Items
If an item is defective, does not match its description, or is unfit for purpose, your rights under the Consumer Rights Act 2015 take precedence. You are entitled to a repair, replacement, or refund. Any company policy stating that the customer must pay for return shipping is invalid when the goods are faulty.
9. Customer Service Call Charges
Traders are forbidden from charging premium rates for post-sale customer service calls. If you are calling to inquire about an order, make a complaint, or cancel a contract, the business must provide a standard basic-rate phone number. This rule also applies to energy providers. If you are inadvertently charged a premium rate for such a call, you have the legal right to demand reimbursement of the excess charge from the company. *(Note: This restriction does not apply to outbound sales calls made by the company).*
*Disclaimer: This guide provides a general overview of consumer rights. To discuss your particular case, contact the paralegal at Impel Legal.