Consumer Rights Act 2022
|
Return of goods and obligations of consumer in event of cancellation | ||
|
118. (1) Where a consumer cancels a sales contract under section 112 , the trader shall collect the goods if— | ||
(a) the trader has offered to collect them, or | ||
(b) in the case of an off-premises contract, the goods were delivered to the consumer’s home at the time of the conclusion of the contract and the nature of the goods is such that they cannot normally be returned by post. | ||
(2) Where the trader is required to collect the goods under subsection (1), the trader shall do so at the trader’s own expense. | ||
(3) Where the trader is not required to collect the goods under subsection (1), the consumer shall— | ||
(a) send them back, or | ||
(b) hand them over to the trader or to a person authorised by the trader to receive them. | ||
(4) The consumer shall return or hand over the goods without undue delay and in any event not later than 14 days after the day on which he or she informed the trader in accordance with section 115 of his or her decision to cancel the contract. | ||
(5) The consumer shall bear the direct costs of returning the goods under subsection (3) unless— | ||
(a) the trader has agreed to bear those costs, or | ||
(b) the trader has failed to inform the consumer, in accordance with clause (n) of Schedule 3, that the consumer shall bear those costs. | ||
(6) A consumer who is required to return goods to a trader following the exercise of the right to cancel— | ||
(a) shall take reasonable care of the goods prior to returning them, and | ||
(b) is liable for any diminished value of the goods resulting from the handling of the goods beyond that necessary to establish their nature, characteristics and functioning. | ||
(7) There is no liability on the consumer under subsection (6) if the trader has failed to provide the consumer with the information on the right to cancel required by clause (m) of Schedule 3 in accordance with— | ||
(a) section 103 , in the case of off-premises contracts, | ||
(b) section 104 , in the case of off-premises contacts for repairs or maintenance to which that section applies, or | ||
(c) section 106 , in the case of distance contracts. | ||
(8) If the consumer fails to comply with the obligation to return the goods in accordance with this section, he or she shall be liable in damages for any loss or damage suffered by the trader as a result of that failure. | ||
(9) Where a consumer cancels a contract for the supply of— | ||
(a) digital content that is not supplied on a tangible medium, or | ||
(b) a digital service, | ||
he or she shall not use the digital content or digital service or make it available to any third person. |