Problems With Services: The client changes her/his mind about the goods or services
If the contract has not yet been made
If the contract to buy the goods or services has not yet been made, you may be able to change your mind about having them and will generally not have to pay anything. You should contact the trader immediately, by telephoning if possible, saying you do not want the goods or services and then confirm this in writing.
If the contract has been made
If there is nothing wrong with the goods or services, but you no longer want them, or have made a mistake, your statutory consumer rights have not been breached and you do not have the right to reject the goods and get a refund, or cancel the service except in certain circumstances.
Despite not having any statutory rights, you may still choose to cancel the contract, but may have to compensate the trader for any losses incurred. For example if you have paid a small deposit, you are unlikely to get it back. If a larger amount was paid, the trader should only keep an amount that sensibly covers her/his loss. The contract may contain specific terms about cancellation which may include a set charge. This could be challenged as an unfair term if the contract were not individually negotiated and if the charge were set so high that it would prevent you from cancelling altogether. If there is no specific term in the contract about cancellation, you may be able to negotiate an acceptable solution.
- Statutory consumer rights for services
- When the statutory consumer rights do not apply
- Affirming the contract
- Options for resolving a problem with services when your statutory consumer rights have been breached
- Compensation for goods and services
- Breach of contract
- Non-statutory contractual rights
- Alternative dispute resolution schemes and trade association codes of practice
- Guarantees and extended warranties
- Actions for personal injury or damage to property
Last updated: March 20, 2007