Difference between revisions of "Opting Out and Cooling-off Periods"

The ''Business Practices and Consumer Protection Act'', in s. 17, defines '''distance sales contracts''' as contracts for the supply of goods and services that are not entered into in person, and, in the case of goods, where the consumer does not have an opportunity to inspect the goods at the time the contract is entered into (for example, online purchases or catalogue sales).

'''Future performance contracts''' are defined in s. 17 of the ''Business Practices and Consumer Protection Act'' as contracts for the supply of goods or services for which the supply or payment in full is not made at the time the contract is executed. '''Continuing service contracts''' are future performance contracts that provide for the performance of services on a continuing basis. Examples of continuing service contracts are gym memberships and dance lesson contracts.

A consumer may cancel a continuing service contract no later than 10 days after receiving a copy of the contract, or at any time if there has been a material change in the circumstances of the consumer or the supplier. Examples of material changes in the circumstances of the consumer provided in s. 25(3) of the Act are the death, disability or relocation of the consumer. Examples of material changes in the circumstances of the supplier provided in s. 25(4) are failure to complete the services within the time specified in the contract, unavailability of the services due to discontinuance or substantial change in operation of the supplier, and relocation of the supplier by more than 30 kilometres.

Under s. 54 of the ''Business Practices and Consumer Protection Act'', a consumer (or supplier) may give a notice of cancellation by any means that permits a person to prove that they cancelled the contract on a specific date, including delivering the notice in person, or by registered mail, email or fax to the appropriate address or number in the contract.