Applicability: The cooling-off period typically applies to distance contracts, which refer to purchases made outside of a seller's physical store. This includes online transactions, phone orders, and mail orders. It may not apply to all goods and services, with certain exceptions such as perishable goods, custom-made items, and digital products that are immediately accessible, such as e-books or music downloads.
Period: The cooling-off period generally begins from the date of delivery of the goods or services to the consumer. In some jurisdictions, it might start from the date the consumer receives information about the right to cancel. The period usually lasts for 14 days, although it can vary in different countries and for specific industries.
Cancellation Process: To exercise the right to cancel, consumers need to notify the seller within the specified cooling-off period. This notification can be made in writing (including email), by completing any cancellation form provided by the seller, or by returning the goods to the seller. Failure to notify within the allotted time may result in the loss of the right to cancel.
Refunds: Sellers are obligated to issue a full refund, which should include any initial delivery charges, to the consumer within a specific timeframe (often within 14 days) after receiving the cancellation. If the goods have already been delivered, the consumer might be required to return them at their own cost, unless otherwise agreed upon or regulated by law.
Exceptions: As mentioned earlier, some goods or services may be exempted from the cooling-off period. Common exclusions include:
* Perishable goods: Food and flowers cannot usually be returned due to their short shelf life.
* Custom-made products: Goods made to the consumer's specific requirements or personalized preferences.
* Digital products: Downloads, streaming content, and apps might be excluded since they are considered immediately and irrevocably accessible.
* Travel and event bookings: Typically non-refundable, especially if the departure or event is imminent.
* Financial agreements: Loans and insurance contracts may not always have a cooling-off period.
The laws governing the 14-day cooling-off period vary among countries. It is essential for consumers to be familiar with the specific regulations applicable in their jurisdiction to ensure they can exercise their consumer rights effectively.