Contracts Negotiated Away from Business Premises
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The Contracts Negotiated Away from Business Premises Directive 85/577/EEC protects consumers regarding contracts:
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Made at the doorstep or in the consumer's home.
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At the consumer’s place of work.
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During an excursion organised by a trader for consumers.
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A visit which arises from an unsolicited phone call.
The Directive allows consumers a minimum of a 7 day cooling off period which starts the day after goods are received or the day after a service contract is agreed. The trader is obliged to inform the consumer in writing (or another durable form i.e. email) of their right to cancel. The cancellation notice must include:
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The date.
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The name and address of the person that the rights can be exercised against.
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Particulars that enable the contract to be identified.
In order to cancel the contract a notice of cancellation must be sent within the cooling off period (a minimum of 7 days), the notice is deemed to have been served when it is posted.
The Directive does not apply to contracts regarding:
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The sale of land and property.
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Groceries by regular delivery e.g. milkman.
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Certain catalogue orders with a right to cancel.
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Insurance.
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Investment.
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Contracts for under £35.
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