When you buy goods in your home, the salesperson can be in an advantageous position over you, as you may have difficulty in getting him/her to leave until you sign an agreement to purchase his/her products. Once you have signed and the salesperson has left, you may realise that you either do not need the goods or you cannot afford them.
The law has tried to balance this disadvantage by giving you the right, in certain circumstances, to cancel agreements that have been signed in your home. These rights are found in the Consumer Protection (Cancellation of Contracts Concluded away from Business Premises) Regulations 1987 (as amended).
There may be extra rights to cancel where you sign a credit agreement at home - see our leaflet 'Credit - Cancellation and withdrawal from credit agreements' for details.
Cancellation rights apply to most contracts that you enter into resulting from an unsolicited visit by a trader, provided the total cost of what you are agreeing to buy is over £35. This includes contracts for goods and for the supply of services, including repairs or improvements to property, e.g. double glazing, fitted kitchens and central heating.
Where the regulations apply, you have seven days after you sign an agreement when you are able to cancel without any penalty. For example, if you have paid a deposit, you are entitled to its return in full if you cancel within seven days. To cancel the contract, you should send either the cancellation notice or a letter by recorded delivery stating that you are cancelling the contract in accordance with your legal rights. You should keep a copy of the notice or letter. You must keep the goods safe until they are collected by the trader.
The Regulations only apply if the visit from the salesman is unsolicited.
An 'unsolicited' visit is one that you have not 'expressly requested'. The following are examples of unsolicited visits:
- A cold call from a salesperson who is trying to sell you something.
- A cold call where the person visiting makes an appointment for a second visit (even if the second visit is from a different sales person).
- An appointment made as a result of an unrequested telephone call.
- A salesman visiting to collect a card he left earlier.
The Regulations do not cover agreements for the sale of food and drink, goods supplied by regular roundsmen (e.g. daily milk & newspaper deliveries), agreements for £35 and under, agreements relating to land, construction or extension of property, insurance and investment agreements. Catalogue goods that are ordered through an agent are generally not covered, provided that the trader already allows the customer to return the goods within seven days.
The regulations require the salesperson to give you a notice of your cancellation rights at the time the agreement is signed. If the notice is not given, the agreement is unenforceable. The company has also committed a criminal offence for which they can be prosecuted, so please tell your local Trading Standards office.
Notice of Cancellation
What agreements are not covered?
What is an 'unsolicited' visit?
BEWARE
What are my rights to cancel?
What contracts are covered?