If you sell to consumers online or away from your usual premises, you're
almost certainly stuck with the famous "14-day cooling-off period". It's
the bit of UK law that lets customers change their minds without needing
a dramatic reason. The trick is understanding where it actually applies,
when you can sensibly limit it and when the law says "no, you can't keep
that money".
When cooling-off rights apply
Under CCR
2013 consumers get a minimum 14-day cancellation period for most distance and
off-premises contracts -- think online orders, phone sales and doorstep
agreements. For goods, the clock usually starts when they receive the
items; for services and digital content, it starts when the contract is
made. gov.uk's distance-selling
guide spells out the basics.
When cooling-off rights don't apply
The regulations carve out a list of situations where there is no
standard right to cancel. These include personalised or made-to-order
goods, certain leisure services booked for specific dates, and some
rapidly perishable items. Business
guidance and other commentary make it clear that you can't use "bespoke" as an
excuse for ordinary products -- the exemption is meant for genuinely
customised or date-specific contracts.
Digital content and Schedule 1
Digital content with immediate supply has its own special treatment.
CCR 2013 reg
37 says that if a consumer wants access before the cancellation period
ends, you need explicit consent and an acknowledgement that they lose
their right to cancel once the download or stream starts. Schedule 1
provides the mandatory information you must give them before they click
"buy". Miss that step and you may find yourself refunding long after
someone has enjoyed your course or download.
What you have to tell customers
Cooling-off rights are not optional fine print; they're mandatory
information. If you fail to tell consumers about their right to cancel,
gov.uk says the cancellation period can extend up to 12 months. You also need
to provide a standard cancellation form for certain contracts. That's
why "no T&Cs" or "scroll for details" is a terrible legal
strategy.
Refunds, deductions and practicalities
When consumers cancel in time, you usually have to refund what they paid
-- sometimes with limited deductions for use or diminished value.
Which?
guidance explains the typical scenarios. You can't punish people for exercising
their rights with inflated "admin fees". The law expects refunds within
specific timeframes once goods are returned or services are
cancelled.
What this means for your T&Cs
Your terms should explain:
When cooling-off rights apply and when they don't.
How customers can cancel, including any standard form.
What happens to deposits and fees if they cancel in time.
How you treat personalised or time-specific goods and services.
That doesn't have to be written in dense legal jargon, but it does have
to match CCR
2013 and be clear enough for a normal human to understand.
If you're still relying on "no refunds, no exceptions" buried in a
footer, you're one enforcement notice away from a headache.
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