When Does a Cooling-Off Period Start?

Quick answer

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, UK consumers have a 14 calendar day cooling-off period for most distance and off-premises contracts. The right to cancel is set out in regulation 29, and the 14-day period itself comes from regulation 30. When the cooling-off period starts depends on what you bought:

• Goods: The day after you (or someone you nominate) take physical possession of the goods.
• Services: The day after the contract is entered into.
• Digital content (not on a tangible medium): The day after the contract is entered into, but only if the trader has obtained your express consent and acknowledged that you will lose the right to cancel once download or streaming begins.
• Multiple goods in one order: The day after the last item is delivered.
• Regular deliveries: The day after the first delivery.

Where the 14-day rule comes from

The cooling-off right is a creation of statute, not something traders grant voluntarily. Regulation 29 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 gives a consumer the right to cancel a distance contract or an off-premises contract during the cancellation period. Regulation 30 fixes that period at 14 days, running from the day specified in regulation 30(2) to (6), depending on the type of contract. Regulation 30(1) expressly says the cancellation period begins on the day after the relevant trigger event, which is why a delivery on a Monday starts the clock on the Tuesday, not the Monday itself.

Worked examples: when the 14 days begin

The 14 day cooling-off period in detail

The right to cancel under the 2013 Regulations applies to:

• Distance contracts: Sales concluded online, by phone, by mail order, or otherwise away from the trader's business premises, where the consumer and trader are not physically together.
• Off-premises contracts: Sales concluded in your home, at your workplace, or on an excursion organised by the trader.

The 14 days are calendar days, not working days. Weekends and bank holidays count. Regulation 30 sets the period in days, and the Regulations do not move the deadline when the 14th day falls on a weekend or bank holiday - so if the deadline lands on a Sunday, that Sunday is still the last day to cancel, and you should act before it.

When the right to cancel does not apply

Regulation 28 lists the exceptions where the right to cancel under regulation 29 does not apply at all. The main exemptions are:

• Personalised or custom-made goods (for example, items made to your specification).
• Perishable items, such as fresh food or flowers.
• Sealed goods that cannot be returned for health or hygiene reasons once unsealed (for example, underwear or earrings).
• Sealed audio, video, or software once unsealed.
• Digital content where you have given express consent to begin the download or streaming and acknowledged the loss of cancellation rights.
• Newspapers, periodicals, and magazines (except subscription contracts).
• Accommodation, transport of goods, vehicle rental, catering, or leisure services for a specific date or period.
• Urgent repairs or maintenance you specifically requested.
• Goods that become inseparably mixed with other items after delivery.

Trader obligations and the model cancellation form

Before the contract is concluded, the trader must give you certain information required by regulation 13 (for distance contracts) and regulation 10 (for off-premises contracts), including:

• That you have a right to cancel within 14 days, and the conditions, time limit and procedure for doing so.
• The standard cancellation form set out in Part B of Schedule 3 to the Regulations - a model form you can use, though you are not required to.
• Who pays for return postage (unless the trader has agreed otherwise, you pay).
• That if you requested the service to begin during the cooling-off period, you may have to pay for the portion of the service already provided.

If the trader fails to provide the required cancellation information, regulation 31 extends the cancellation period by 12 months. That gives you up to 12 months and 14 days to cancel, running from the day after the original 14-day period would have ended.

Refunds and returning goods

Once you cancel, the trader must reimburse all payments, including standard delivery costs, within 14 days of being told about the cancellation (regulation 34). The trader can delay the refund until it has received the goods back, or until you supply evidence of having sent them back, whichever is earlier. You must send the goods back within 14 days of notifying the trader that you are cancelling (regulation 35). If you have handled the goods beyond what is necessary to establish their nature, characteristics and functioning, the trader can deduct an amount for the diminished value (regulation 34(9)).

Services and digital content: paying for what you used

For services, if you ask the trader to begin performing within the 14-day period and then cancel, you may be charged a proportionate amount for the service already provided up to the point you told the trader you were cancelling (regulation 36). For digital content, you lose the right to cancel once the download or streaming has begun, provided the trader obtained your express consent and your acknowledgement that you would lose the right (regulation 37). This is why a streaming subscription that you start using straight away is usually not refundable under the cooling-off rules.

Step-by-step: working out your cooling-off deadline

1. Identify your purchase type: is it goods, a service, or digital content?
2. Find the trigger date: for goods, it is the delivery date (or last delivery date for multiple items). For services, it is the contract date.
3. Count 14 calendar days from the day after the trigger date. Include weekends and bank holidays.
4. Check the regulation 28 exemptions to confirm the right to cancel applies to your purchase.
5. If you want to cancel, notify the trader in writing before the 14-day deadline. Use the model cancellation form in Schedule 3, or a clear written statement.
6. Return the goods within 14 days of notifying the trader of your cancellation (unless the trader collects them).
7. Use the cooling-off period calculator to check your deadline date.

Key takeaways

• The 14-day cooling-off period is a statutory right under regulations 29 and 30 of the Consumer Contracts Regulations 2013.
• The start date depends on what you bought: delivery date for goods, contract date for services.
• The 14 days are calendar days, not working days - weekends and bank holidays count.
• Digital content, personalised goods, and several other categories are exempt under regulation 28.
• If the trader does not tell you about your cancellation rights, regulation 31 can extend the period to 12 months and 14 days.
• Refunds are due within 14 days of cancellation (regulation 34); return goods within 14 days of cancelling (regulation 35).
• Notify the trader in writing before the deadline if you want to cancel.

References

• Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (legislation.gov.uk)
• Regulation 29 - right to cancel (legislation.gov.uk)
• Regulation 30 - 14 day cancellation period (legislation.gov.uk)
• Regulation 31 - extended cancellation period (legislation.gov.uk)
• Regulation 34 - reimbursement (legislation.gov.uk)
• GOV.UK - Accepting returns and giving refunds
• Citizens Advice - Changing your mind about something you've bought