Cooling-off Period

by Rudolf Faix Thursday, November 5, 2015 11:32 PM

JudgeIn consumer rights legislation and practice, a cooling-off period is a period of time following a purchase when the purchaser may choose to cancel a purchase and return goods which have been supplied for any reason and obtain a full refund.

In addition, legislation exists in various parts of the world enforcing this right, to varying degrees. For example, in the European Union, the Consumer Rights Directive of 2011 obliges member states to give purchasers the right to return goods or cancel services purchased from a business away from a normal commercial premises, such as online, mail order, or door-to-door, with limited exceptions, within two weeks from the receipt of the goods, for a full refund

Each country has its own rules for the cooling-off period. Here are only listed the most important rules. Please visit the provided link to read all the rules.

 

Australia

Source: Australian Competition and Consumer Commission

Telemarketers are not allowed to call consumers:

  • on Sundays or public holidays
  • before 9am or after 8pm on weekdays
  • before 9am or after 5pm on Saturdays

 

Cancellation rights (cooling-off):

  • The salesperson must tell to the consumer about his cooling off rights. The consumer can change his mind and cancel the contract for any reason without penalty within 10 business days

  • If the consumer bought goods that cost $500 or less, the salesperson can supply these goods immediately during the cooling-off period but the consumer still have the right to cancel the contract

  • The salesperson cannot take payment during the cooling-off period for any goods or services and cannot supply any services.

  • The consumer has 10 business days to cool-off or cancel the agreement, starting the first business day after receiving the agreement document.

  • The consumer can terminate the agreement verbally or in writing any time during the cooling-off period. Written termination can be delivered personally, sent via post, emailed or sent via fax. The agreement will be cancelled from the day you give notice

  • The trader must promptly return or refund any money paid under the agreement or a related contract

  • Even if the consumer has partially or completely used the goods supplied by the salesperson under the agreement he still has cooling-off rights during the specified period

  • The salesperson must not try to convince the consumer to waive your rights to cool off.

Canada

Source: Office of Consumer Affairs (OCA)

In some provinces and territories, there is an automatic cancellation (or cooling-off) period for certain types of contracts. Examples include contracts for services such as credit, dating clubs, health clubs, funeral and cemetery services, time-shares, condominiums, natural gas, electricity and door-to-doorsales. The cooling-off period is valid whether the company tells you about it or not.

To find out more about the cooling-off period in your area contact Your Provincial or Territorial Consumer Affairs Office.

 

New Zealand

Source: Consumer. now you know

Every agreement for an uninvited direct sale must be in writing and expressed in plain language. You must be given a copy of the agreement either at the time you sign, or if the agreement is made over the phone within 5 working days.

The agreement must:
  • clearly describe the goods or services being supplied

  • show the total price payable and any other consideration to be given (or how this is calculated if it’s uncertain at the time you sign)

  • inform you of your right to cancel

  • list the trader’s name, street address, phone number and email, and your name and street address

  • show the date it was signed.

If the trader fails to give you this information, the agreement can’t be enforced (except if the failure is minor and has not materially disadvantaged you).

 

United Kingdom

Source: Which? Consumer Rights

At a distance or face-to-face off-premises the following key information has to be given:
  • a description of the goods or service, including how long any commitment will last on the part of the consumer 

  • the total price of the goods or service, or the manner in which the price will be calculated if this can’t be determined

  • cost of delivery and details of who pays for the cost of returning items if you have a right to cancel and change your mind

  • details of any right to cancel - the trader also needs to provide, or make available, a standard cancellation form to make cancelling easy (although you aren’t under any obligation to use it)

  • information about the seller, including their geographical address and phone number

  • information on the compatibility of digital content with hardware and other software is also part of the information traders are obliged to provide  

  • Your right to cancel an order starts the moment you place your order and ends 14 days from the day you receive it

  • Your right to cancel a service starts the moment you enter into the contract and lasts 14 days

  • If you want to download digital content within the 14 day cancellation period you must agree to waive your cancellation rights 

  • Companies are not allowed to charge you for items they put in your online shopping basket or that you have bought as a result of a pre-ticked box

 

United States of America

Source: Federal Trade Commission

FTC Approves Changes to Cooling-Off Rule:

The FTC has approved a final amendment to its Cooling-Off Rule, increasing the exclusionary limit for certain “door-to-door” sales. The Cooling-Off Rule previously provided that it is unfair and deceptive for sellers engaged in “door-to-door” sales valued at more than $25 to fail to provide consumers with disclosures regarding their right to cancel the sales contract within three business days of the transaction. Under the amended rule, the definition of “door-to-door sales” distinguishes between sales at a buyer’s residence and those at other locations. The revised definition retains coverage for sales made at a buyer’s residence at a purchase price of $25 or more, and it increases the purchase price to $130 or more for all other covered sales at temporary locations. The revised definition recognizes that concern regarding high-pressure sales tactics and deception during in-home solicitations is greater than when sales are made away from consumers’ homes. Therefore, the Commission concluded that raising the value to $130 for non-home sales would reduce compliance burdens for sellers while still protecting consumers.

Full telemarketing rules: https://www.ftc.gov/tips-advice/business-center/guidance/complying-telemarketing-sales-rule#refund

 

Handy Hints to Protect Yourself against Fraud

by Rudolf Faix Thursday, November 5, 2015 3:46 PM

Protect yourselfProtect your identity

  • Only give out your personal details and information where it is absolutely necessary and when you trust the person you are speaking to or dealing with.

  • Destroy personal information: don’t just throw it out. You should cut up or shred old bills, statements or cards - for example, credit cards and ATM cards.

  • Treat your personal details like you would treat money: don’t leave them lying around for others to take.

 

Money matters

  • Never send money to anyone that you don’t know and trust.

  • Do not send any money or pay any fee to claim a prize or lottery winnings.

  • "Jobs" asking you to simply use your own bank account to transfer money for somebody could be a front for money-laundering activity. Money laundering is a serious criminal offence.

  • Avoid transferring or wiring any refunds or overpayments back to anyone you do not know.

The face-to-face approach

  • If someone comes to your door, ask to see some identification. You do not have to let them in, and they must leave if you ask them to.

  • Before you decide to pay any money, if you are interested in what a door-to-door salesperson has to offer, take the time to find out about their business and their offer.

  • Contact the Competition Bureau, provincial and territorial consumer affairs offices or the Better Business Bureau of your province or territory if you are unsure about a seller that comes to your door.

 

Telephone business

  • If you receive a phone call from someone you do not know, always ask for the name of the person you are speaking to and who they represent. Verify this information by calling the company yourself.

  • Do not give out your personal, credit card or online account details over the phone unless you made the call and the phone number came from a trusted source.

  • It is best not to respond to text messages or missed calls that come from numbers you do not recognize. Be especially wary of phone numbers beginning with 1-900. These may be charged at a higher rate than other numbers and can be very expensive.

 

Email offers

  • Never reply to a spam email, even to unsubscribe - often, this just serves to "verify" your address to scammers. The best course of action is to delete any suspicious emails without opening them.

  • Turn off the "viewing pane" as just viewing the email may send a verification notice to the sender that yours is a valid email address.

  • Legitimate banks and financial institutions will never ask you for your account details in an email or ask you to click on a link in an email to access your account.

  • Never call a telephone number or trust other contact details that you see in a spam email.

 

Internet Business

  • Install software that protects your computer from viruses and unwanted programs and make sure it is kept current. If you are unsure, seek the help of a computer professional.

  • If you want to access a website, use a bookmarked link to the website or type the address of the website into the browser yourself. Never follow a link in an email.

  • Check website addresses carefully. Scammers often set up fake websites with addresses very similar to legitimate websites.

  • Beware of websites offering "free" downloads (such as music, adult content, games and movies). Downloading these products may install harmful programs onto your computer without you knowing.

  • Avoid clicking on pop-up ads - this could lead to harmful programs being installed on your computer.

  • Never enter your personal, credit card or online account information on a website that you are not sure is genuine.

  • Never send your personal, credit card or online banking details through an email.

  • Avoid using public computers (at libraries or Internet cafes) to do your Internet banking or online shopping.

 

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AboutMe

I'm since more then 35 years in the computer business (programming and technical support) and using the Internet since it has started. Since 2002 I'm programming solutions for Asterisk and since 2004 I'm in the call center industry.

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