Sale contracts and cooling-off periods

Q: While visiting a fair a few weeks ago I decided to place an order for the purchase of a bedspread valued at €600. Upon placing the order, I was asked to pay €100 as deposit. On the invoice, which I was asked to sign, there was printed that: 'I furthermore declare to have been informed that I have the right to cancel this agreement within 15 days from today in accordance with Article 8, Doorstep Contracts, Act cap. 317'.

A few days later, I called the company to tell them that I changed my mind and that I wanted to cancel the order. Over the phone, I was told that my cancellation was noted but I had to physically call at their offices for the refund. When I actually went, I was told I was only entitled to a credit note and not to a cash refund.

Can I insist on a cash refund?

A: Orders placed at a fair do not fall under the Doorstep Contracts Act. This means that the cooling-off period does not apply, because the sale is not considered as a door-to-door sale.

However, the invoice you were given clearly indicates you had a 15-day cooling-off period and thus misled you into believing that if you wanted you could cancel the order and claim back your deposit.

Hence, in this case, you can insist on your money and not a credit note. If the trader refuses to give you such a refund, you can lodge a complaint with the Consumer and Competition Division. It is important that you keep the invoice, because it is the only proof that you have been misled.