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Cooling Off Periods

There is no such thing as a cooling off period when customers sign up online or call to order a service

 

Cooling off periods only apply when you are solicited e.g door to door sales or someone approaching you see below for more information if any customers ask for more info.

Your cooling off and termination rights


By law, you have 10 business days to reconsider the contract (unsolicited consumer agreement).  During this time you can cancel the contract without penalty. This is called the ‘cooling off’ period.

If the agreement was negotiated over the phone, the cooling off period begins on the first business day after you received the contract.

If the agreement was not negotiated over the phone, the cooling off period begins on the first business day after the contract was made (signed by both parties to the contract).

During the 10 business day cooling off period, the trader must not supply any goods or services or accept any payment from you. If the trader does supply goods or services during the cooling off period then these would be considered unsolicited supplies.

Extended cooling off period


You may terminate an agreement up to three months after it is made (or after the contract is received, if the agreement is by phone) if the salesperson:

  • visited you outside of the permitted selling hours;
  • did not disclose the purpose of the visit;  
  • did not produce identification; or 
  • did not leave the premises upon request.

The period is extended to six months if a salesperson:

  • did not provide you with information about the cooling off period; 
  • was in breach of other requirements for unsolicited consumer agreements (such as failing to provide a written copy of the agreement or not including required information in the written agreement); or
  • supplied goods or services during the cooling off period.

Terminating an agreement


You may terminate an agreement orally or in writing. The termination date is considered to be the date on which notice of termination was given or sent/posted.

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