Donate SIGN UP

cooling off period

Avatar Image
erniemorton | 15:11 Sat 30th Sep 2006 | Law
8 Answers
is there a cooling off period whereby you can cancel the agreement after several days of signing up to buy an item in a store? If so, who do you need to contact?
Thanks.
Gravatar

Answers

1 to 8 of 8rss feed

Best Answer

No best answer has yet been selected by erniemorton. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
It depends on the circumstances, can you give any more specific info?

Have you got any sales contract or terms and conditions or anything like that?
If you've entered into a credit agreement, there MIGHT be a 'cooling off' period during which you can cancel that agreement but this is entirely separate to your contract to purchase the item. Once you've agreed to purchase the item (even verbally), you've entered into a binding contract for which there is no cooling off period if the agreement was entered into on the seller's premises. (So, although you might be able to cancel the credit agreement, you'll still have to purchase the item and find the funds from elsewhere).

Chris
you can refuse delivery.......
Question Author
Hi jenna1978. Thanks for your response. Further details are furniture bought from dfs on the 4 year interest free scheme. Contract signed in store 27th Sept. No money changes hands till after delivery - ie approx 10 weeks time. No mention of cooling off period on contract. Reason I want to cancel is due to change of plans.
Thanks
I'm pretty sure the contract should contain details of any cooling off period - particularly if its a credit agreement (think 28/30 days is the norm). I would definitely cancel the order (in writing) and notify DFS that you no longer wish to take delivery of the items and want clarification that the credit agreement has been cancelled.
Not necessarily true Janine, cooling off periods vary. I would be inclined to agree with Buenchico with the credit and item differences. It may be worth contacting the finance co to see if the agreement has been 'executed' by them, if it hasn't then you may be able to 'withdraw' from the agreement but this will still leave you having to pay another way.

Cancelling the sales contract is an option but this isn't necessarily going to be free of penalty.
As you bought in the store there is no cooling off period on the purchase. Some retailers have policies which allow for goods to be returned or for what amounts to a cooling off period, but this is company policy - not law.

Whatever you do about the credit, all you can try to do about the purchase is to get DFS to agree to cancel the order. They might; they might not; they might impose conditions which you would find unacceptable.
Question Author
Spot on Themas. I went to my local cab and it really depends upon whether or not the agreement is 'regulated'. If it is, the chances of cancelation are very remote. Cooling off periods were instituted due to the increase in 'doorstep' sales and sales away from the sellers palce of business. When an agreement is signed by both parties 'on the sellers premises', the contract is binding. DFS seem to have stitched this method of selling their products very well - unsurprisingly! as their sales technique is based on this framework, therefore legal loopholes are extremely rare.
In hindsight though!!!! before signing the contract, it may be worth requesting that you take a copy of the contract 'home' to consider the small print, then, (if you still want to go ahead with the purchase), return next day with the signed contract. In this way the contract has not been endorsed on the sellers premises...! However, DFS, etc. would probably have anticipated this course of action and not allow you take the contract off their 'patch'.
Anyway, thanks to all for their replies and kind regards.

1 to 8 of 8rss feed

Do you know the answer?

cooling off period

Answer Question >>