ICAS

On 13 June 2014, the law for traders working in a consumers home was reformed

DOOR-STEP CHANGE SPRING 2015 ICACS On 13 June 2014, the law for traders working in a consumers home was reformed ICACS the Consumer Contracts (information, Cancellation and additional Charges) regulations 2013 (ICACS) make changes to cooling off periods and the information that must be given to consumers. these regulations have replaced the doorstep Selling regulations and the distance Selling regulations. Businesses need to take heed of the changes, because getting it wrong could cost money, as customers could still potentially have the right to cancel a contract a year later. in brief, the right to cancel applies to contracts for both services and the provision of goods made at the consumers home for a total payment of more than 42. the cancellation period for such contracts is now set at a minimum of 14 calendar days. Before a business enters into a contract with a consumer, it must provide certain information in writing for the contract to be legally binding Before a business enters into a contract with a consumer, it must provide certain information in writing for the contract to be legally binding. this includes its name, address, telephone number, the price of the goods or services and information about the consumers right to cancel the contract including a cancellation form and other matters, such as arrangements for the return of goods. While it is an offence to fail to provide information about cancellation rights, more importantly, if you do not provide cancellation rights, you will not be able to charge for the return of goods or work already done, as the consumer is not legally bound by the contract until they have been issued with all the required information. if cancellation terms are not given when required, cancellation can run for a further year on top of the 14 days. For a service contract that is, labourwork only the 14-day cancellation period fIND OUT MORE will run from the making of the contractual In-depth government agreement. For work to start during this 14-day guidance on the period, the business would need to get written Consumer Contracts confirmation from the consumer to this effect. (Information, Cancellation and Additional Charges) in a goods contract where goods are supplied Regulations 2013 is as part of a service the 14-day cancellation available from gov.uk period is from the date of delivery of the goods, which allows consumers the time to inspect thegoods, as they reasonably would be able to do in a shopenvironment. your BuSineSS CoMPanion Free, impartial legal guidance for businesses that sell goods and/ or supply services to consumers is available from Business Companion, a website dedicated to helping traders operate within the law. Problems arise where consumers try to reject goods when they have been installed and the service side of the agreement completed within the cooling-off period. in theory, the goods can still be returned within the 14 days, but a business would be able to make a monetary deduction for handling. this can be up to the full value of the goods for example, if the goods have been handled more than would be considered reasonable. the only circumstances when the consumer will not have the right to cancel the contract are when the buyer has called a business out for urgent repairs or maintenance. Where goods received are faulty, not fit for purpose or as described, consumers will still have separate consumer rights. Credits: lorraine Boulton image: venimo / Shutterstock