Q.  I am buying most of my Christmas gifts on the internet this year. When I received one gift I had ordered from the UK I changed my mind about it and wanted to return it. The retailer says I can only do this within seven days of the purchase but it took longer than this to receive it after I bought it. Am I entitled to cancel the order after I have received it?

29.11.09

Online purchases within the EU are covered by the European Directive on Distance Selling. Under this you are entitled to a cooling-off period of 7 days. During the cooling-off period, you can cancel distance contracts without giving a reason and without incurring charges or penalties other than possible charges incurred in returning the goods. This seven-day period begins on the day you receive the product not the day you make the purchase.
Upon cancellation, the distance seller is obliged to repay the consumer within 30 days. Once the contract is cancelled, any credit agreements entered into at the time of the contract will be cancelled as well. Your supplier should have provided you with written confirmation of the contract including information on after sales and guarantees, how the contract can be cancelled and a postal address for complaints. If the supplier doesn’t provide this the cooling-off period can be extended to three months from the date the goods were received.
Cancellation may not be accepted, however, in cases where the goods cannot be returned because they were made specially for the consumer; or if the goods are audio/video tapes or computer software whose seals have been broken by the consumer; or if they are newspapers or magazines; or where the price of the goods or services is dependent upon financial market fluctuations that are beyond the supplier's control; or if the provision of services have already begun with the consumer's agreement.

Citizens Information: Buncrana 074 9363496; Carndonagh 074 9373741

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