Mail order - your right to cancel

One of the most important implications of the distance selling regulations is a cooling off period of 7 days during which you have the right to cancel. The supplier must provide you with details of your cancellation rights, any duty to return the goods should you cancel, and whether you will have to pay for this. You must provide notice of cancellation in writing and it must be posted to, left at, faxed or emailed to the business address of the supplier, and you must ensure this is done no later than 8 working days after receipt of goods. However, if the supplier did not supply written confirmation of your order before it was delivered, as they should have done, then your cancellation period will be extended by a further three months. The supplier must then reimburse you within 30 days without charge (unless you have been expressly informed that you will be liable for a charge) and if you have any related credit agreements, these will also be cancelled.

The work started before the 7 day cancellation period was up!

Unless you have agreed otherwise, goods must be delivered, or services performed within 30 days from the date you submitted your order. If you have commissioned a service under a distance selling contract and the work begins before the end of the 7 days cancellation period, then you must give up your right to cancel, but this must be clearly communicated and with your express agreement.

Does the right to cancel apply for all goods bought by mail order?

There are obvious exceptions and you will not have the right to cancel with the purchase of the following goods:

  • Goods made to a personalised specification
  • Perishable goods, such as foodstuffs and flowers
  • Audio/video recordings or software where the seal has been broken
  • Newspapers, magazines or other reading material (not books)
  • Gaming, betting, lotteries

Mail order and distance selling - any different?

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