On page 117 of the latest PC magazine there is an article about your rights when purchasing however it only touches lightly on the subject as the actual legislarion is of course quite confusing.
On numerous caravan forums people have posted that at a trade show like the NEC on the spur of the moment they have placed a deposit on a caravan, motorhome or other related item. On returning home they have regretted the decision for whatever reason and then want to cancel. Although they may phone the dealership the next day to cancel invariably the dealership will refuse the refund which could be up to 10% of the value of the caravan.
The CRA states that the consumer has the right to cancel The consumer may cancel a distance or off-premise
s contract at any time in the cancellation period without giving any reason, and without incurring any costs other than any under these provisions however the definition of "off premises" is vague when it comes to trade shows which are held twice a year for 6 days each time.
Is the stall at the trade show from which the dealer is operating deemed off premises or on premises as the stall is only of a temporary nature and not permanent? In addition, the goods can take weeks or even months to be delivered so a dealership would not suffer any financial loss if the consumer cancelled within 14 days of placing the deposit, but especially if the consumer cancelled within 48 hours.
It seems that the legislation regards an “off-premises contract” as a contract between a trader and a consumer which is any of these—
(a)
a contract concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;
(b)
a contract for which an offer was made by the consumer in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;
(c)
a contract concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer;
(d)
a contract concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer;
It would be interesting to get some feedback on trade shows and refunds from a reputable source who can relate to the specific areas of the law. Perhaps PC can look into this aspect and report in some future edition?
On numerous caravan forums people have posted that at a trade show like the NEC on the spur of the moment they have placed a deposit on a caravan, motorhome or other related item. On returning home they have regretted the decision for whatever reason and then want to cancel. Although they may phone the dealership the next day to cancel invariably the dealership will refuse the refund which could be up to 10% of the value of the caravan.
The CRA states that the consumer has the right to cancel The consumer may cancel a distance or off-premise
s contract at any time in the cancellation period without giving any reason, and without incurring any costs other than any under these provisions however the definition of "off premises" is vague when it comes to trade shows which are held twice a year for 6 days each time.
Is the stall at the trade show from which the dealer is operating deemed off premises or on premises as the stall is only of a temporary nature and not permanent? In addition, the goods can take weeks or even months to be delivered so a dealership would not suffer any financial loss if the consumer cancelled within 14 days of placing the deposit, but especially if the consumer cancelled within 48 hours.
It seems that the legislation regards an “off-premises contract” as a contract between a trader and a consumer which is any of these—
(a)
a contract concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;
(b)
a contract for which an offer was made by the consumer in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader;
(c)
a contract concluded on the business premises of the trader or through any means of distance communication immediately after the consumer was personally and individually addressed in a place which is not the business premises of the trader in the simultaneous physical presence of the trader and the consumer;
(d)
a contract concluded during an excursion organised by the trader with the aim or effect of promoting and selling goods or services to the consumer;
It would be interesting to get some feedback on trade shows and refunds from a reputable source who can relate to the specific areas of the law. Perhaps PC can look into this aspect and report in some future edition?