How to cancel a double glazing contract?
You’re probably reading this post after having a pushy double glazing salesperson overstaying their welcome at your house. No doubt you’re questioning if the double glazing deal is really something you want or even can afford – but you signed the contract and probably been led to believe you’re bound by it. You may have phoned the double glazing company who will no doubt tell you can’t cancel the contract because the goods are bespoke and/or made to measure. So there’s nothing else you can do – right?
Wrong! The legislation which covers contracts made off-premise – in your home – is the Consumer Contracts (Information Cancellation and Additional Charges) Regulations 2013 and it doesn’t mention anything about bespoke or “made to measure” goods – nothing, nada, zip, he haw. The only exemption to off-premise contracts is contained in regulation 28 which exempts goods which are made to the consumer’s specification or are clearly personalised. Although the phrase customer’s specification has not been defined in regulations it has been defined in the EU directive as meaning: non- prefabricated goods made on the basis of an individual choice of or decision by the consumer.
The key phrase here is non-prefabricated. Prefabricate is define as follows:
to manufacture sections especially in a factory, so that they can be easily transported to and rapidly assembled
I don’t think you can get anything more prefabricated than double glazed units so it’s my contention that the exemption does not apply to double glazed windows.
So we now know that you do have the right to cancel contracts made at your home for double glazed windows.
How long does the right to cancel exist for?
14 days from the day after you receive physical possession of the double glazed units. This means the cancellation rights don’t start until the day the last double glazed unit was installed.
What is happens if I exercised my right to cancel?
If you cancel the contract before the windows have been installed then you are entitled to a full refund within 14 days using the same means of payment eg refund the credit card if one was used. This will also apply to any ancillary contracts such as installation service or extended guarantees.
If you decide to cancel the contract within the 14 day period of receiving the last window then you will have to make them available for collection. This will involve paying someone to remove the windows without damaging them and making them available for the collection. The double glazing company can deduct from the refund an amount which relates to any diminished value of the double glazed units as a result of them being installed and removed.
However, if you were to do this you’d have to pay someone to remove the double glazed units without damaging them and have windows ready to take the place of the old ones. So for a double glazing contract signed off premises the cancellation period lasts from the day you signed the contract and gave a deposit to 14 days after you received physical possession of the last double glazed unit.
Hopefully the above will help you out but if you’re having problems please post and I’ll try help.
