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Many thanks for your patience. A consumer’s rights in this situation are mainly determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts for sales conducted on the trader’s business premises, off the trader’s premises (e.g. at the consumer’s home) and at a distance (e.g. online). In your case it is likely to have been at their premises as that also includes premises where they usually trade.
All types of transactions are subject to the requirement by the trader to issue the consumer with specific pre-contractual information, as long as it is not a contract entered off the trader’s premises for a value of less than £42. If this information is not provided then the consumer would not be bound by the contract and it can also be a fineable offence for the trader. Details of the required information can be found here:
· Contracts entered on the trader’s premises - http://www.legislation.gov.uk/uksi/2013/3134/schedule/1/made
The usual 14 day cancellation periods may be extended by up to 12 months if the trader has failed to issue the consumer with notice of their right to cancel. Once that information has been provided within the initial 12 month period, the cancellation rights of 14 days start to run from the date after the consumer receives that information.
The fact that you have not paid any money does not mean no contract existed. It is not a legal requirement for a deposit or payment to have been made for a contract to be formed. There are many examples of contracts that do not have or require any money paid in advance before they come legally into existence so that is not really an issue. The key here is whether you had agreed to the terms of the contract and if you can now try to identify ways in which you can get out of it, such as through showing they did not give you the necessary information in advance.
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