The cooling-off period

When you buy an item at a store and later change your mind, you may not be able to return the goods bought because the law does not give you the right to do so.

It is your responsibility, as a consumer, to shop around and look out for the goods or services that best suit your needs and budget. When you are not sure of the product you are about to purchase, it is in your best interest to check what the shop’s return policy is before finalising the sale.

Once you do so, you must adhere to the conditions of sale adopted by the company. But if you buy an item in your home or at a location that is not the business premises of the retailer, then by law you are entitled to change your mind within a specific time, better known as the cooling-off period.

When buying through a distant means of communication or from a door-to-door seller, the law gives you the right to change your mind and cancel the contract of sale within 15 days.

By law, it is the seller who must inform you of your cancellation rights at the time of sale and, in the case of doorstep selling, provide you with a cancellation form with details of how to cancel the contract.

The safest way to cancel such contracts is by filling in the cancellation form and sending it by registered mail, so you can get a return receipt. When possible, it is even safer to hand deliver the cancellation notice. You do not have to give a reason for cancelling your purchase according to the law; you have a right to change your mind.

In case of purchases made through distant means of communication, the 15-day cooling off period could be extended to three months if the trader does not provide you with the necessary information, such as contact details, description of the goods sold and related expenses, and information on the right of cancellation.

Furthermore, the 15 days apply to purchases made from local retailers. This period of time may vary, depending on which EU member state the goods are purchased from. However, it cannot be less than seven working days.

Once a sale is cancelled and the product purchased returned to the seller, any money paid by the consumer should be refunded. The law specifies that the reimbursement should be carried out as soon as possible, and within 30 days of the date when the consumer cancelled the sale. The only charge that may be made to the consumer is the direct cost of returning the goods.

There are some exceptions that the cooling-off period does not cover. In case of doorstep selling, the right for cancellation does not apply if the overall price paid does not exceed €46.59.

With regard to distance purchases, there are some items that cannot be returned, such as made-to-measure goods, audio or video recording or computer software that are unsealed, perishables such as food and flowers, and also services used by consumers before the end of the 15-day period.

Even contracts for accommodation, transport, catering or leisure services which are arranged for a specific date or within a specific period cannot be cancelled.

The cooling-off period is a good safeguard when it comes to distance purchases and persistent door-to-door sales people, but the best prevention against problems in this area is to take your time when you buy and to make sure you really want what you purchase.

However, should a particular trader or company adopt a sales practice that goes against your consumer rights and denies cancellation rights or imposes illegal fees and penalties, you should contact the Consumer and Competition Department immediately on Freephone 8007 4400 for advice and assistance.

customer@timesofmalta.com

odette.vella@gov.mt

Ms Vella is senior information officer, Consumer and Competition Department.