Cancelling an off-premises purchase

Were you a little too impulsive putting your signature on an order form? Or is the product you received in good condition but you don’t like it? In other words: do you want to cancel your purchase? In principle, if you bought the product off-premise in Europe, you have the right to cancel within 14 days.

Would you like to know whether you have, and can exercise, a right of withdrawal without any associated risks? ECC Belgium clarifies these situations on the basis of the following questions:

• How long have you got to cancel your purchase and how do you go about it?
• When and how does the seller have to refund your money?
• When and how do you have to return the product?
• Are you entitled to try out a product and still return it?
• What about your right to cancel if you used the service?
• When does your right to cancel not apply?
• Do you have a right of withdrawal from purchases made at a trade fair, exhibition or market?

How long have I got to cancel a purchase and how do I go about it?

Do you want to cancel your purchase? You must do so within fourteen calendar days of the day of delivery of your order (for a product) or of entering into the agreement. If the seller did not notify you of your right to cancel when you placed the order, the cancellation period is extended by 12 months.

Notify the seller in writing of your decision to cancel the purchase. By e-mail, registered post or by completing a cancellation form. You are not obliged to indicate why you want to cancel your purchase.

When and how does the seller have to pay me back?

Have you notified the trader that you want to cancel the purchase? In that case, the trader will have fourteen days from the date of your notification to give you a full refund (including delivery costs and taxes). However, he is entitled to wait until he receives the returned parcel.

You can demand that the seller uses the same payment method as the one you used when placing the order.

When and how do I have to return the product?

Return the item within fourteen days once you have notified the seller of your decision to cancel the purchase. Three tips:

1. Comply with any procedures imposed by the seller. Specifically ask for them.
2. Check that the return address is correct: the head office and warehouse may be at different locations.
3. Choose a secure dispatch method and retain any proof.

Note: You will have to pay for the return shipment, unless the seller clearly informed you before you placed the order that he would pay for the return shipment.

Am I entitled to try out a product and still return it?

You are entitled to try out and inspect your purchase to familiarise yourself with its properties and ensure that it is working correctly – similar to being in a shop. No more, no less. Otherwise, the seller is entitled to deduct any reduction in the value of the item from the refund.

What about my right of withdrawal if I used the service?

Provided that you have specifically instructed him accordingly, the seller must not provide his service during the first fourteen days.

Had the trader provided a partial or full service without your approval during the cancellation period? In that case, you are entitled to exercise your right to cancel. The trader must not charge you for the service which he provided during the cancellation period without your approval.

Have you specifically authorised the trader to provide a partial or full service during the cancellation period? In that case, two scenarios are possible:

• Did you use the full service during the cancellation period? Your right to cancel is void.
• Was a partial service provided during the cancellation period? You retain the right to cancel the purchase. However, the seller is entitled to deduct the value of the service already provided from the refund.

When does my right to cancel not apply?

The right to cancel does not apply to all contracts entered into off-premises. In the following cases, the right to cancel your purchase does not apply:

• air, rail or sea travel bookings,
• hotel and holiday accommodation bookings,
• car rental,
• restaurant bookings,
• when booking tickets for concerts, shows, sports events, etc.,
• personalised goods, such as made-to-measure clothing,
• newspapers and magazines, unless it is a subscription,
• sealed products if the seal has been broken following delivery, e.g. perfume, cosmetics, audio and video recordings and software,
• perishable goods.

Do you have a right of withdrawal from purchases made at a trade fair, exhibition or market?

Have you placed an order at a trade fair, exhibition or infrequently held market? Whether or not you have a right of withdrawal depends upon whether the seller’s stall or stand is, or is not, his retail premise.

Unfortunately both European and Belgian legislation are rather vague in this respect. Before placing an order at such an event you must, without fail, ask the seller whether or not he is extending the right of withdrawal:

• If so, ask him to stipulate this clearly on the order form, agreement or invoice;
• If not, consider the matter carefully: if you place an order with this seller and you subsequently wish to cancel, the seller may refuse to respond to your request and refuse to refund your upfront payment. You can only cancel the agreement if it contains a condition precedent or a cancellation clause, which usually includes a cancellation fee.

Good to know: French law is already more specific. You do not have a right of withdrawal from purchases made at a trade fair or exhibition staged in France, providing the seller has informed you accordingly in a clear and visible manner.

You have placed an order at a trade fair, exhibition or market and have changed your mind? Did you forget to ask the seller whether he consented to a period of withdrawal? Do try to exercise your right of withdrawal within 14 days, observing the appropriate procedure.

Does the seller refuse point blank to uphold the right of withdrawal and decline to give you a refund? You will probably have to submit the matter to the courts for this right to be sanctioned.  

Find answers to all your questions relating to your off-premises purchases.