Have you bought something, but do you regret it afterwards? Then in some cases you can cancel the purchase. You can always cancel an online order. You have a legal cooling-off period of 14 days. Did you buy something in the store? Then the law says: bought is bought. But there are exceptions; for example, by the general terms and conditions of the store itself. If a seller does not want to cooperate in the dissolution of the purchase agreement or charges too high cancellation costs, you can ask for help from a lawyer.
Can I cancel a purchase?
If you have purchased something, you enter into a purchase agreement with the seller. In principle, you are then tied to the purchase. However, sometimes other rules apply. For example, when buying at a distance, door-to-door sales and taking out a loan, you always have a legal cooling-off period of 14 days. Within that time you can cancel the purchase and get your money back. A retailer can also put other agreements in his general terms and conditions. At some stores, you can exchange or return products within a certain time. For larger purchases, such as a sofa or a kitchen, cancellation costs are usually charged if you change your mind afterwards. If a product does not meet the expectations that you may reasonably have of it or does not work, a seller must take it back.
Adhere to the legal cooling-off period. And check whether the general terms and conditions of the store are correct.
What is the legal cooling-off period?
The legal cooling-off period indicates within how many days you can return a product. This legal cooling-off period is mandatory and a seller may not deviate from it, not even in his conditions. The legal cooling-off period only applies to a distance purchase, door-to-door sales, the purchase of a house and when taking out a loan. If you buy something in the store, there is no legal cooling-off period.
Cooling-off period purchase store
If you buy a product in a store, you do not have a cooling-off period afterwards. You can only dissolve the purchase agreement if the retailer agrees. A retailer is free to include a cancellation period in the general terms and conditions, this will then count as an extra service. It is then possible under certain conditions (the product must be unused and undamaged) to cancel the purchase agreement afterwards. When purchasing a piece of furniture or kitchen, it is often the case that you still have to pay 30% of the costs in the event of cancellation. Do you want to get rid of the purchase? Then first look in the general terms and conditions which possibilities the store offers. Does the store charge higher costs than the damage they suffer as a result of dissolving the sale? Then you can object to this in writing.
Reflection period for buying at a distance
Distance selling means that you cannot first see the product before you buy it. For example, if you buy via the internet, by telephone or via an order form. Because you cannot properly assess the product in advance, you have a legal cooling-off period of 14 days for distance selling. This is also called the right of withdrawal. Within the period you can let us know that you want to return the product and you will receive your money back within 14 days, including the delivery costs. The law calls this the dissolution of the purchase agreement.
Cooling-off period purchase at the door (door-to-door)
Do you buy something at the door that is more expensive than 50 euros? Then you also have a cooling-off period of 14 days. This starts on the day you received the product. Within this cooling-off period, you can cancel the purchase free of charge. The seller must point out the legal cooling-off period. Doesn't he? Then the cooling-off period is extended to one year.
Within the cooling-off period, you can cancel the purchase. You can return or exchange the product and you will get your money back. Has the cooling-off period expired? Then it is no longer possible to dissolve the purchase agreement. Unless you have a legal basis for doing so. If a product doesn't work or doesn't meet the expectations you can reasonably have of it, the seller must offer you a new product, repair the product, or take the product back.
Cancel online order
Thanks to the right of withdrawal, you can always return an online order within 14 days of receipt. This also applies to purchases over the phone or on the street. It can be a purchase of a product, but also of a service (such as a mobile subscription). If you want to cancel an online order, please let the retailer know in time. Preferably do this by letter or by e-mail, so that you can prove that you have made use of the right of withdrawal in time. Cancelling a purchase according to the right of withdrawal is free of charge. If the seller has received the returned product (or shows you the proof of shipment), they must return your money within 14 days.
Dissolving a purchase agreement.
You can always dissolve a purchase agreement without reason within the agreed cooling-off period. This is also possible if a product does not work and the seller refuses to repair it or give it a new product. To dissolve the purchase agreement, you must write a letter or send an e-mail. Say in this letter that you want to dissolve the purchase agreement and why that is the case. After the agreement is dissolved, you must return the product and get your money back (or a part if you have been using the product for a while). Sometimes a seller wants to offer you a voucher instead of money. You don't have to accept that. You have the right to get your money back. If a seller is struggling, you can go to the disputes committee or ask for help from one of our AGA lawyers who specialize in purchasing and consumer law. The intake is free!
Pay cancellation fees?
For large items, such as a kitchen or a sofa, cancellation costs are usually charged. If you still want to cancel the purchase after signing the purchase agreement, you must then pay a certain amount. What amount that is exactly, is stated in the conditions of store. With furniture, it is often 30% of the total amount. This is necessary to compensate the seller for the damage caused by the cancellation. He may have already purchased materials or could have sold the kitchen to someone else. If you feel that the costs charged are disproportionate to the damage caused by the seller as a result of the cancellation, you can send a legal letter letting them know. You can also go to court, it is very possible that you will have to pay less or no cancellation costs at all. It is then wise to engage an AGA lawyer.
What you bought did not meet expectations or what you ordered was never delivered?
First try to come to a solution yourself. If that does not work, you will have found your lawyer at AGA Lawyers in no time.
The role of AGA Lawyers
A lawyer of AGA Lawyers offers assistance in most cases within consumer law. In the event of a consumer law conflict, an expert lawyer is at your side. Together with you, the lawyer determines the right approach and ensures the best possible solution and result. Advising, mediating, litigating, negotiating or drafting legal documents, AGA lawyers arrange it for you.
Contact AGA Lawyers
The consumer lawyers of AGA Lawyers can do a lot for you, such as guiding you throughout the entire process. Feel free to contact one of our expert lawyers for a 1st free intake interview.
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