6.2.1 Cancellation rights where consumers sign contracts in the home, away from trade premises or by distance meansIn certain circumstances the contracts Code members agree will be governed by the Consumer Contracts (Information,
Cancellation and Additional Charges) Regulations 2013. These Regulations apply to a contract or quotation where:
a consumer signs it, during a sales or other visit in their home or elsewhere away from the Code member’s trade
premises in the presence of a representative of the Code member; or
a consumer agrees it with a Code member exclusively by distance means (for example by email or by post).
In these circumstances Code members must give the consumer the right to cancel without penalty within 14 days of the
date on which the goods were all delivered to the consumer’s home. (This is known as the 'cancellation period').
These Regulations may also apply to contracts or quotations where:
a Code member gives it to a consumer following a sales visit, a technical site survey or other visit in a consumer’s
home if the consumer signs the quotation or contract and returns it immediately after the visit without having had
sufficient time to consider it;
a Code member gives it to a consumer following a sales visit, a technical site survey or other visit in a consumer’s
home if the Code member later chases the consumer in any way to sign and return it; or
a Code member agrees it with a consumer exclusively by distance means (for example by email or post) following a
visit in the consumer’s home for technical survey purposes only.
In these circumstances Code members must give the consumer the right to cancel without penalty within 14 days of the
date on which the goods were all delivered to the consumer’s home. (This is known as the 'cancellation period').
In the event that a consumer cancels the contract within the cancellation period, Code members must refund any money to
the consumer within 14 days.
Code members who fail to give the consumer written notice that they can cancel the contract may not be able to enforce the
contract and may be committing a criminal offence. The cancellation period may be extended up to 12 months or until the
Code member has complied with its obligation to give the consumer written notice that they can cancel the contract. The
notice Code members provide must be exactly in line with Schedule 3 of the Consumer Contracts (Information, Cancellation
and Additional Charges) Regulations 2013.
The Code administrator has prepared a model cancellation form and draft guidance here. Code members must keep a record
of cases in which consumers cancel contracts together with the reasons given.
