When you order goods over the internet you enter into a contract, and have a cancellation period (sometimes called a “cooling off” period) in case you change your mind. This gives you the right to cancel that contract at any time during the cancellation period, without giving any reason.
When can you cancel?
As a general rule, the cancellation period begins when the contract is entered into and ends 14 days after the day on which you received the goods. For example, if the seller confirms its acceptance of your order on 1 January and you receive the goods on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January.
If you receive the goods in instalments, the end date is 14 days after the day on which you receive the last instalment of the goods or the last of the separate goods ordered.
The right to cancel does not apply in the case of certain goods, such as:
- Goods that are made to your specifications or are clearly personalised.
- Goods which are liable to deteriorate or expire rapidly.
- Sealed audio or sealed video recordings or sealed computer software, once they are unsealed after you receive them.
- Any goods which become mixed inseparably with other items after their delivery.
For a more detailed list of excluded goods, please see here.
How do you cancel?
You must tell the seller you want to cancel, but there is no requirement to do so in writing or by using any particular method. The seller can make suggestions as to its preferred method(s) of cancellation, but it cannot require you to use these methods. Also, a seller must give or make available to you a form for cancellation, which is known as a ‘model cancellation form’.
What will be refunded?
- The price you paid for the goods. However, the seller may reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop.
- Delivery costs you have paid. The maximum a seller has to refund will be the costs of delivery by the least expensive delivery method they offer (provided that this is a common and generally acceptable method). For example, if the seller offers delivery of goods within three to five days at one cost but you chose to have the goods delivered within 24 hours at a higher cost, then the seller would only have to refund what you would have paid for the cheaper delivery option.
Time for refund
If you cancel the contract before you have received the goods, or the seller is to collect the goods from you, the seller must refund any money due to you within 14 days after you tell the seller you want to cancel the contract.
If you are to send the goods back to the seller then the seller must refund any money due to you within 14 days after the day on which they receive the good(s) back from you or, if earlier, the day on which you provide them with evidence that you have sent the goods back to them.
Who pays for the costs of returns?
If the seller wants you to pay for the return of the goods, they must tell you this before you enter into the contract and they must confirm this to you after you have entered into the contract. Usually, this will be set out in a seller’s terms and conditions. If the seller does not give you this information, the seller must pay the direct costs incurred by you in sending back or handing over the goods.
However, if you return goods because of a defect, or if they were not as described, the seller cannot make you pay for the return.
Return of the goods
You must send the goods back or hand them over (to the seller or a carrier) not later than 14 days after the day on which you tell the seller that you wish to cancel the contract.
How can Nelsons help?
For more information in relation to the subjects discussed in this article, please contact a member of our Dispute Resolution team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online enquiry form.
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