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).
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 remises 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
• Contracts entered off the trader’s premises or at a distance - http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made
In terms of cancellation rights, these only apply to off-premises and distance contracts, subject to some limited exceptions. The statutory cancellation periods are as follows:
• Services – 14 days after the day the contract was entered into
The above 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.
So if she entered into the contract online, over the phone or at her own home, then she can cancel within 14 days. If she entered into it in the company’s trading premises, like a shop of theirs, then she gets no cancellation rights. However, with some persuasion and taking this matter higher up the complaints chain in the company, she could get them to agree to a cancellation as they would not usually want a reluctant and unhappy client, who could cause them more issues down the line.
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