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Cooling-off Regulations

  • 05-10-2021 4:18pm
    #1
    Registered Users, Registered Users 2 Posts: 1,972 ✭✭✭


    Hoping somebody would have an opinion on this as today is my last day of a 14-day cooling-off period.


    I'm reading that the consumer has 14 days to return goods after sending notification to cancel under distance-selling cooling-off regulations.


    Is there any provision for the consumer to revoke this notice after sending? Is it the case that once it's sent it's final?



Comments

  • Registered Users, Registered Users 2 Posts: 7,712 ✭✭✭GerardKeating


    Sometimes the Retailer/Service Provider gives the customers rights that exceed the legal requirements, so it all depends what you bought and what you want to do, and what you have already done

    Have you given notice that you want to invoke the "Cooling off period" but not returned the item yet?

    If today is day 14, is it already too late to return the item?

    If it is a service (phone/internet/gym membership) then most providers would happily entertain a call requesting to retain the service.



  • Registered Users, Registered Users 2 Posts: 1,972 ✭✭✭Heighway61


    It's a car worth a lot of money and I have threatened to cancel but am reluctant. It appears to me the company are trying to delay resolving a number issues beyond the cooling-off period. If I send the notice to say "look, I'm serious" the may decide to play ball but I don't want to snooker myself.

    I'm reading a legal firm's web site where they state that the consumer has 14 days to return the goods after exercise of the right.



  • Registered Users, Registered Users 2 Posts: 1,972 ✭✭✭Heighway61


    What I'm trying to find out is if I send the notice to cancel today in order not to miss the cooling-off deadline could I revoke the notice at a later time.

    Shouldn't have left it this late, don't know what to do.



  • Registered Users, Registered Users 2 Posts: 7,703 ✭✭✭whippet


    The cooling off period is for a change of mind senario .. so either you have changed your mind or you haven't

    to avail of this consumer protection the consumer has obligations also .. including around time frames

    it sounds like you are trying to use the protection to force the hand of a retailer for something else ... but in the absence of these details we couldn't really know



  • Registered Users, Registered Users 2 Posts: 26,690 ✭✭✭✭Peregrinus


    The cancellation notice does what it says on the tin; it cancels the contract between the supplier and the consumer. Once you serve a cancellation notice, there is no contract any more. You are no longer obliged to procced with the purchase, and are entitled (under the regulations, not under the contract, because there is no contract) to your money back, and the seller is no longer obliged to proceed with the sale, and is entitled (again, under the regulations) to the goods back.

    If you cancel the contract but later change your mind about changing your mind, so to speak, there is nothing to stop you making a fresh offer to purchase the same goods for the original price. The seller is free to accept or reject that offer, as he wishes. If he accepts it, that'll be a new contract.



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