Right to cancel

 
The consumer Contracts Regulations give consumers extra protection when buying online.
 
They provide consumers with a statutory right to cancel an order. Consumers are entitled to a refund, even if the goods are not defective.
 
Cooling off period
After submitting their order online, consumers have a period of time (known as the "cooling off period") during which they are entitled to cancel the contract without having to give a reason.
 
The cooling off period is 14 days and is calculated in calendar days. This period begins when the contract is concluded. The end of the normal cooling off period (regulation 30) depends on the type of contract as marked in the table below:
 
Type of contract
 
Sales contract* :  one order delivered in one delivery
End of cooling off period:  14 days after the day on which the goods came into the physical possession of the consumer or a person, other than the carrier, identified by the consumer to take possession of the goods
 
Sales contract* :  multiple goods ordered in one order but delivered on different days
End of cooling off period:  14 days after the day on which the last good came into the physical possession of the consumer or a person, other than the carrier, identified by the consumer to take possession of the goods
 
Sales contract*:  goods consisting of multiple lots or pieces delivered on different days
End of cooling off period:  14 days after the day on which the last of the lots or pieces came into possession of the consumer or a person, other than the carrier, identified by the consumer to take possession of the goods
 
Sale contract:   regular delivery of goods during a de-fined period of more than one day
End of cooling off period:  14 days after the day on which the first of the goods came into the physical possession of the consumer or a person, other than the carrier, iden-tified by the consumer to take possession of the goods
 
* legally defined as: contract under which a trader transfers or agrees to transfer the ownership of goods to a con-sumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its objective

 

 

Exercising the right to cancel
Under regulation 32 of the Consumer Contracts Regulations, in order to exercise the right to cancel, the consumer must inform the retailer of his decision. There are no specific requirements on how the consumer has to demonstrate his decision to cancel, except that there must be a clear statement. Such a statement could be given by e-mail, by post or phone. However, the burden of proof for having exercised the right to cancel is on the consumer. The consumer could also use the model cancellation form attached to the Consumer Contracts Regulations.
 
 
Model cancellation form
 
To: 
Lowe Risk Management Ltd
27 Park Road
STOURBRIDGE
West Midlands
DY8 3QX
 
Tel: 01675625020;
email: cancellations@pizzaovenshop.co.uk
 
I / We[*] hereby give notice that I / We[*] cancel my/our[*] contract of sale of the following goods[*]/for the supply of the following service[*], Ordered on[*] / received on[*],
 
Name of consumer(s), [**]
Address of consumer(s), [**]
Signature of consumer(s) (only if this form is notified on paper).[**]
 
Date: [**]
 
[*] Delete as appropriate.
[**] To be completed as appropriate.