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12/01/2010

When can you cancel a purchase in Europe?

In principle you are bound by every purchase, but there are exceptions

You are bound by your purchase from the moment there is an agreement between you and the seller on the item and the price. You can cancel the purchase, with or without costs, if this is provided for in the seller’s general terms and conditions. You must comply with these terms and conditions as per the contract.

In some specific cases you are protected by law and you can cancel your purchase.
 
In some cases the law gives the consumer the right to withraw within a certain time limit (the ‘cooling-off period’), without costs and without having to state reasons. It is not allowed to charge any costs, except for the costs of sending back the goods.

If you want to make use of your right of withdrawal, we advise you to send a registered letter to the seller, stating that you want to cancel your purchase.

The following table states various situations where you can make use of your right of withdrawal with the associated cancellation periods.

The examples and exceptions derive from European legislation, which states the minimum requirements that apply in every Member State of the EU. In the final column you will find the additional protection or small differences found in Belgian law.

Distance selling2

ExamplesExceptionsWithdrawal periodSpecific features of Belgian law1
Mail order sales, internet, telephone, fax.Purchase of newspapers, CDs, gaming and lotteries, transport services, accommodation and refreshment services, made to measure goods, services that start before the end of the cooling-off period, auction purchases, etc.7 working days from the day after the goods were delivered or from the day after the contract was concluded for services. If you were not informed of your rights, then the period is extended by three months. The cooling-off period is 14 calendar days and starts from the day after the goods are delivered or when the contract is concluded for services.

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Financial services at a distance3

ExamplesExceptionsWithdrawal periodSpecific features of Belgian law1
Financial services such as banking services, insurance, payment and investment services, where the agreement is concluded at a distance.Including:
- financial services where the price may vary depending on rates on the financial markets (e.g. the securities market).
- travel and luggage insurance policies or similar short-term insurance policies
with a duration of less than one month
- agreements that are entirely implemented
by both parties at the consumer’s request before the consumer makes use of his right of withdrawal.		- 14 calendar days
- 30 days for life insurance and individual pension schemes.
The right of withdrawal in Belgium does not apply to mortgage loans.

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Agreements concluded away from business premises4

ExamplesExceptionsWithdrawal periodSpecific features of Belgian law1
Door-to-door sales, sales at the consumer’s workplace, sales during an excursion organised by the seller.Including:
- Agreements on the construction, letting and sale of immovable properties.
- Regular deliveries of domestic goods or foodstuffs for daily consumption.
- Purchases made during the seller’s visit if the visit is the consequence of an express request by the consumer with a view to the purchase.		7 working days following signature of the contract. Belgian law extends this protection to purchases made at shows, trade fairs and exhibitions if the price exceeds € 200 and is not paid in full on the spot.
Exception: public sales.
If you are not informed of your right of withdrawal, the contract is null and void.
The cooling-off period starts from the day after the contract is concluded.

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Timesharing5

ExamplesExceptionsWithdrawal periodSpecific features of Belgian law1
An agreement concluded for at least three years that gives you the right to use an immovable property for a period of at least one week every year. Agreements lasting less than three years or which relate to a period of less than one week every year.10 calendar days following signature of the contract by both parties.
The period is extended by three months if you were not informed of your right of withdrawal.		The scope is extended to contracts lasting less than one year relating to a period of at least two days every year.
The cooling-off period is 15 working days in Belgium.

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Consumer credit6

ExamplesExceptionsWithdrawal periodSpecific features of Belgian law1
Agreements whereby a creditor grants credit to a consumer in the form of a deferred payment, loan or other similar financial accommodation.Including:
- Credit agreements where the credit has to be repaid within three months and where only insignificant charges are payable.
- Credit agreements for less than € 200 or more than € 75,000.
- Mortgage loans.		At this time there is no compulsory right of withdrawal, but from May 2010 a cancellation period of 14 calendar days will become obligatory. Belgian law provides for a cooling-off period of 7 working days from the first working day following the signature of the contract with the exception of hire purchase contracts, leasing and instalment plans, where the amount is less than € 1250.

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Life insurance7

ExamplesExceptionsWithdrawal periodSpecific features of Belgian law1
Life insurance, annuities, supplementary insurance to life insurance policies (e.g. incapacity after accident or illness).Including:
insurance products which come under a statutory system of social security, operations of provident and mutual-benefit institutions whose benefits vary according to the resources available and which require each of their members to contribute at the appropriate flat rate.		The cooling-off  period ranges from 14 to 30 days and is fixed by each Member State independently. Belgian law allows a cooling-off period of 30 days.

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Non-life insurance contracts8

No protection at the European level but at national level:

Cooling-off period of 14 days after receipt by the insurer of the pre-signed policy or application, if the contract has a duration of more than 30 days.

 

1 Directive 97/7/EC on the protection of consumers in respect of distance contracts and the Belgian Law of 6 April 2010 on trading practices and consumer protection.
2 The national legislation (here Belgian legislation) may give you more rights than provided for in European legislation, which fixes the minimum protection rules for all EU Member States.
3 Directive 2002/65/EC concerning the distance marketing of consumer financial services and the Belgian Law of 6 April 2010 on trading practices and consumer protection.
4 Directive 85/577/EEC to protect the consumer in respect of contracts negotiated away from business premises
and The cooling-off period starts from the day after the contract is concluded.
5 Directive 94/47/EC of 26 October 1994 on the protection of purchasers in respect of certain aspects of contracts relating to the purchase of the right to use immovable properties on a timeshare basis; and the Belgian Law of 11 April 1999 on contracts relating to the purchase of the right to use immovable properties on a timeshare basis.  The Directive will be replaced by the Directive 2008/112/EC which must be transposed into national law by 23 February 2011.
6 Directive 2008/48/EC on credit agreements for consumers which replaces Directive 87/102/EC and the Belgian Law of 12 June 1991 on consumer credit.
7 Directive 2002/83/EC of 5 November 2002 on life insurance and  the Belgian Law of 25 June 1992 on non-life insurance contracts.
8 Belgian Law of 25 June 1992 on non-life insurance contracts.

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