Distance and off-premises selling requirements

The 14-day cancellation right

Consumers have 14 calendar days to cancel a distance or off-premises contract without giving any reason. This is sometimes called the 'cooling-off period'.

When does the cancellation period start?

• For goods: the day after the consumer receives them (or the last item if delivered in instalments)
• For services: the day after the contract is made
• For digital content: the day after the contract is made

The consumer only needs to notify you of their decision to cancel before the 14-day period ends. If they send notification on day 14, it counts even if you receive it later.

What if you did not provide cancellation information?

If you fail to tell the consumer about their cancellation rights before purchase, the cancellation period extends by 12 months. This means consumers could cancel up to 12 months and 14 days after receiving goods.

If you provide the cancellation information late (but within the 12-month extension), the 14-day period starts from when you provide it.

Pre-contract information requirements

Before the consumer commits to a distance or off-premises purchase, you must provide 24 specific items of information in a clear and comprehensible manner. These include:

Essential information you must provide

• Your business identity: trading name, geographic address (not just a PO box), phone number, and email address
• Product details: main characteristics of the goods, services, or digital content
• Total price: including all taxes, or how it will be calculated if not known in advance
• Additional charges: delivery costs, or that additional charges may apply if you cannot calculate them in advance
• Cancellation rights: conditions, time limits, and procedures for exercising the right to cancel
• Model cancellation form: provide the standard form even though consumers do not have to use it
• Return costs: tell consumers if they will pay return postage costs when cancelling
• Payment and delivery: accepted payment methods, delivery arrangements, and when you will deliver
• Contract duration: length of contract and termination conditions for ongoing services
• Digital content: functionality, compatibility with hardware and software, and any technical protection measures

Failure to provide this information can extend the cancellation period, make the contract unenforceable, and result in enforcement action.

Website order button requirements

If you take orders through your website, you must ensure the consumer explicitly acknowledges that placing an order creates an obligation to pay.

Your order button must say 'order with obligation to pay' or equivalent unambiguous wording. Acceptable alternatives include:

• 'Pay now'
• 'Buy now'
• 'Confirm purchase'
• 'Place order and pay'

Unacceptable wording includes: 'Continue', 'Next', 'Submit', 'Order now' (without mentioning payment), or 'Confirm'.

Consequence: If your order button does not meet this requirement, the consumer is not bound by the contract. They can claim a full refund even after using the goods or services.

Confirmation after purchase

After the contract is concluded, you must provide confirmation on a durable medium (paper, email, or PDF attachment). This must include:

• All the pre-contract information
• Confirmation of any consent given to immediate supply of digital content (and acknowledgement of lost cancellation right)
• Confirmation of any request for services to begin during the cancellation period

For goods, provide this confirmation no later than the time of delivery. For services, provide it within a reasonable time.

Your refund obligations

When a consumer exercises their cancellation right, you must process the refund within 14 days. The timeline depends on what was sold:

• For goods: 14 days from receiving the returned goods, or evidence the consumer has sent them back
• For services: 14 days from when you are informed of the cancellation
• For digital content: 14 days from when you are informed of the cancellation

What you must refund

• Full purchase price
• Original standard delivery cost - you cannot refuse to refund this

What you can deduct

• Premium delivery difference: if the consumer chose express delivery, you only need to refund the standard delivery rate
• Diminished value: if the consumer handled the goods beyond what is necessary to check them (equivalent to handling in a shop)

Refund method

Use the same payment method as the original transaction, unless the consumer expressly agrees otherwise. You cannot charge any fee for processing the refund.

Consumer's return obligations

Unless you offered to collect the goods, the consumer must:

• Send the goods back within 14 days of notifying you of cancellation
• Pay the return postage costs (but only if you told them this before purchase)
• Take reasonable care of the goods while in their possession

You cannot charge restocking fees. This is illegal under the regulations.

Exceptions to the cancellation right

Not all distance and off-premises contracts attract cancellation rights. The regulations specify contracts that are excluded and circumstances where cancellation rights are lost.

Other excluded contracts

The following are also excluded from the 14-day cancellation right:

• Goods where price fluctuates with financial markets: precious metals sold at market rates, currency exchange
• Specific date services: hotel bookings, car hire, concert tickets, restaurant reservations, holiday activities with fixed dates
• Goods that become mixed: fuel added to a tank, paint mixed with other paint
• Public auctions: traditional auction house sales (but online auctions like eBay are NOT exempt)

Even when cancellation rights do not apply, the Consumer Rights Act 2015 still requires goods to be of satisfactory quality, fit for purpose, and as described. Consumers can still get refunds for faulty products.

Contracts excluded entirely from the regulations

Some types of contract fall outside the Consumer Contracts Regulations altogether:

• Financial services: banking, credit, insurance, investments (covered by FCA regulations)
• Gambling: betting, gaming, lottery participation
• Immovable property: house purchases, land sales
• Construction: new buildings or substantial conversions
• Package travel: covered by Package Travel Regulations 2018
• Regular round deliveries: milk delivery, regular grocery rounds
• Vending machines: automated sales

Additional payments and helpline charges

No pre-ticked boxes

You cannot use pre-ticked boxes or default options to obtain consent for additional charges. If you do, the consumer is entitled to a refund of any payment obtained this way.

This covers add-ons like insurance, extended warranties, or priority processing fees. The consumer must actively opt in.

Helpline charges

If you provide a post-contract customer helpline, you cannot charge more than the basic rate. Prohibited number types include:

• 084 numbers
• 087 numbers
• 09 premium rate numbers

Permitted numbers: 01/02 geographic numbers, 03 national rate numbers, 0800/0808 freephone.

Excess charges must be refunded to the consumer.