Off-Premise Purchases
What are my EU consumer rights when buying goods on the street or during an excursion?
When you buy something at the door, on the street, or during an excursion, you are buying off-premise. On this page, you can find all essential information regarding your EU consumer rights when making off-premise purchases.
EU Directive 2011/83
As a consumer, you have certain rights when you buy off-premise. The relevant consumer protection rules are outlined in the European Consumer Rights Directive 2011/83/EU.
Guarantee/Warranty
Did you receive a faulty product or service?
Here’s what you need to know.
Cooling-Off
Want to withdraw from a purchase agreement?
Here’s what you need to know.
Off-premise purchases
An off-premise purchase is buying goods or services away from a business premises. Read here about your consumer rights when buying off-premises.
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A contract between you and a trader is an off-premises contract when any of the following occurs:
You buy goods, services, or digital content off a trader's business premises but with the trader present — e.g. at your home or place of work (for example, if a double glazing salesperson visits your home and you sign a contract).
- The trader organises an excursion to promote and sell their goods or services. The regulations do not elaborate on the term 'excursion,' but it likely includes a trip to a venue the trader arranges for you and (possibly) others with the purpose of selling particular goods and services.
- You make an offer to buy goods or services off the trader’s business premises but with the trader present.
- A contract is concluded on business premises or by distance means, for example via email or phone, immediately after the trader has met with you in a place that is not their business premises.
'Business premises' include the trader's permanent place of business as well as temporary sites where they normally operate, such as market stalls.
Please note: if a trader visits you at home and leaves a quotation with you or sends you one later, and you do not immediately agree to go ahead with the contract, you are dealing with an on-premises contract. That means the trader does not have to provide you with the pre-contract information required for off-premises or distance contracts, and they do not have to give you cancellation rights.
Here’s an example. A trader who supplies and installs kitchens calls at your home by appointment. After you have discussed your requirements, the trader measures up and leaves a written quotation with you. They tell you the price quoted will be the price charged if you go ahead with the contract within a specified number of months. One month later, you agree to sign the contract. As you did not agree to the contract immediately, it is classified as an on-premises contract rather than an off-premises contract.
#off-premises-contract
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When you buy goods or services off-premises, you have a legal 14-day cooling-off period, which is also known as the right to withdrawal. During this period, you may terminate the purchase agreement without getting a fine or providing a reason. The following rules apply.
The seller is required to provide you with complete information about the cooling-off period. If they fail to do so, the cooling-off period is extended up to 12 months. The standard legal 14-day cooling-off period starts once the seller does provide you with the requisite information.
You can cancel the contract before it takes effect or during the cancellation period by informing the trader of your intentions. If desired, you can use the cancellation form provided by the trader, but you don’t have to do so. You are entitled to a refund of all payments, including the amount you paid for basic delivery, if any (you don’t get a refund for any additional, more expensive delivery arrangements you have made). You should receive your refund within 14 days — or, if you are returning goods, 14 days from the moment when the trader receives the goods back from you. If you can provide evidence that you returned the goods, you can obtain your refund sooner. If the trader agreed to collect the goods after cancellation or if they were delivered to your home and cannot be returned by post, the trader must collect the goods after cancellation. Otherwise, you are responsible for returning them within 14 days from cancellation. Unless the trader has agreed to pay the return costs, you should do so — but the trader is required to inform you of this. The trader is not allowed to charge you a cancellation fee.
You have the right to check the goods to make sure you are happy with their nature, characteristics, and function. But if the trader believes you have used them more than was necessary to decide if they are suitable, they may be able to claim compensation from you up to the contract price. So, try to inspect goods like you would in a shop before buying them.
In some cases, you may want the trader to start a service straight away. You are required to request that they do so in a durable form, such as in writing or by email.
If you do so, the trader must inform you that once they start performing the contract, you lose your right to cancel it (incidentally, this does not apply to utility contracts). If the service has not been completed and you cancel the contract within the cancellation period, you will have to pay for the part of the service the trader has carried out. If goods are supplied with the service, you have the right to return the goods if you cancel the contract within the cancellation period — but you may be liable to pay some or all of the service costs. For example, if you have a washing machine installed and you cancel the contract within the cancellation period, you should get a refund for the washing machine, but you may have to pay the installation charges.
#cancelling-off-premises-contracts
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If you buy goods, services, or digital content under an off-premises contract, the trader should provide you with the information set out below:
- The main characteristics of the goods, services, or digital content
- The identity of the trader (or trading name), geographical address, phone number, and email address
- An address you can complain to (only required if it is different from the geographical address) and details regarding their complaint-handling policy (if any). If the trader is a member of an out-of-court complaint and redress scheme, they must provide you with details on it.
- The total price of the goods, services, or digital content, including taxes. If the price cannot be worked out in advance, the trader should share the method of calculation with you.
- Details regarding costs:
- All additional delivery charges
- The total costs per billing period / monthly costs for open-ended or subscription contracts
- The cost for the type of distance communication used to finalise the contract — if it is charged at more than the basic rate (for example, if making a purchase by phone incurs additional costs and is therefore more expensive than making a purchase online)
- Return costs, if any — the trader should inform you in advance if they want you to pay return costs in case you cancel the contract and return the goods. - Arrangements regarding payment, delivery, performance, and the time required to deliver the goods, perform the services, or supply the digital content you have bought.
- Length and type of contract. The trader should specify whether it is an open-ended contract or one that is automatically extended and explain how you can cancel it. Where applicable, the trader must inform you if the contract has a minimum duration.
- Cancellation requirements (the time limit and procedures for cancelling). If you ask the trader to start a service contract within the cancellation period and subsequently decide to cancel it, you may have to pay reasonable costs for the service you have received. If you have a right to cancel, the trader should provide you with a cancellation form — either on paper or, if you agree, in another durable form, such as email.
- A statement on conformity in sales contracts — the trader must point out to you that they are required by law to supply goods which are in conformity with the contract (in other words, goods that are not faulty).
- Details regarding any after-sales customer assistance, services, guarantees, and relevant codes of conduct, as well as an explanation of how to obtain these codes of conduct. If you are required to pay a deposit or financial guarantee, the trader should provide you with the relevant details.
- Digital content functionality, including any technical protection measures and any relevant compatibility of digital content with hardware and software.
The information listed above must be provided on paper or, if you agree, in another durable form, such as email. It should be clear, understandable, and legible, and the trader should provide it to you before you enter into the contract. Under the Consumer Rights Act 2015, this information is considered a term of the contract you have with the trader (unless it relates to the main characteristics of the goods or the main characteristics, functionality, and compatibility of digital content). If a trader does not provide you with the required information, or it is changed without your clear agreement, you can make a claim to have your costs reimbursed (if you have incurred any).
#required-information-off-premises-contracts
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The rules for off-premise purchases do not apply in all cases. The main exceptions are listed below:
- Agreements pertaining to the construction, purchase, and sale of real estate and the letting of living space.
- Gambling activities for which you use real money.
- Package tours.
- Agreements pertaining to timeshare and holiday clubs and all associated services, such as resales and exchanges.
- Social and healthcare services.
- Purchases made from a mobile grocery store or vending machine.
- Agreements pertaining to the one-time use of a telecom connection (such as the Internet, phone, and fax).
- Agreements that require the intervention of a notary.
- Purchases made during a foreclosure.
The rules apply to a limited extent to:
- Financial products and services.
- Passenger transport.
#exceptions-off-premises-rules
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Where can I get assistance and advice?
The European Consumer Centres Network provides free legal advice and support on cross-border purchasing issues. It can also help consumers deal with disputes relating to travelling in the EU, Norway, and Iceland. If you have tried to resolve a dispute with a business to no avail, click here to contact your local ECC and submit an enquiry.