Cooling-off periods and distance-selling rules
In the EU, the Consumer Rights Directive 2011/83/EU gives you a 14-day cooling-off period for most distance purchases. You can cancel for any reason and get a refund. The UK Consumer Contracts Regulations 2013 also grant 14 days. The period starts when you receive the goods.
Some exceptions apply. Personalised items, sealed hygiene products, and perishable goods are excluded. Digital content may also be excluded if you consent to immediate download and waive your right. Always check the terms before buying.
If the seller does not inform you of your cooling-off right, the cancellation period can be extended by up to 12 months under the Consumer Rights Directive 2011/83/EU. In the UK, the Consumer Contracts Regulations 2013 have similar provisions.
Legal guarantee versus commercial warranty
The EU two-year legal guarantee of conformity (Directive (EU) 2019/771) is your statutory right. If goods are faulty or not as described, you can request repair, replacement, price reduction, or refund. The UK Consumer Rights Act 2015 gives similar protections for up to six years in England and Wales.
A commercial warranty is an extra promise from the seller or manufacturer. It does not replace your legal rights. For example, a manufacturer may offer a 1-year warranty, but your legal guarantee under Directive (EU) 2019/771 lasts 2 years. Always rely on your statutory rights first.
In the US, there is no federal legal guarantee, but the FTC Act prohibits unfair or deceptive practices. State laws, such as the Uniform Commercial Code (UCC), provide implied warranties. The Better Business Bureau (BBB) can help with disputes.
Right to clear pre-contract information
Before you buy, the seller must provide clear information. Under the EU Consumer Rights Directive 2011/83/EU, this includes the seller's identity, address, total price, delivery costs, and return policy. The UK Consumer Contracts Regulations 2013 impose similar requirements.
If the seller fails to provide this information, you may have the right to cancel the contract. In the UK, the Consumer Contracts Regulations 2013 allow you to cancel if the seller did not provide the required information. The FTC also requires clear disclosures in the US.
Under the GDPR, you have the right to know how your personal data will be used. Sellers must provide a privacy policy. If they do not, you can complain to your national data protection authority.
How to complain and escalate
If you have a problem, complain in writing to the seller first. Keep a record of all communications. Under the EU Consumer Rights Directive 2011/83/EU, the seller must respond within a reasonable time. In the UK, the Consumer Rights Act 2015 requires traders to act with reasonable care and skill.
If the seller does not resolve the issue, escalate to a consumer body. In the EU, contact the ECC-Net European Consumer Centres Network for cross-border disputes. In the UK, Citizens Advice or Trading Standards can help. In the US, the FTC or Better Business Bureau (BBB) may assist.
For payment disputes, use chargeback rules. Visa and Mastercard chargeback rules allow you to dispute a transaction with your bank. In the US, the Fair Credit Billing Act gives you 60 days. In the UK, section 75 of the Consumer Credit Act 1974 covers credit card purchases over £100.
Key figures at a glance
| EU cooling-off period | 14 days | Under the EU Consumer Rights Directive 2011/83/EU, you can cancel a distance purchase within 14 days of receiving the goods. |
|---|---|---|
| EU legal guarantee | 2 years | Directive (EU) 2019/771 requires goods to be in conformity for at least 2 years from delivery. |
| UK legal guarantee (England & Wales) | 6 years | The UK Consumer Rights Act 2015 allows claims for up to 6 years in England and Wales (5 years in Scotland). |
| Credit card chargeback window (US) | 60 days | The Fair Credit Billing Act gives you 60 days to dispute billing errors with your credit card issuer. |
How to complain and escalate: a step-by-step procedure
Complain in writing to the seller
State the problem clearly and what remedy you want. Keep a copy. Under the EU Consumer Rights Directive 2011/83/EU, the seller must respond within a reasonable time. In the UK, the Consumer Rights Act 2015 applies.
Give the seller a deadline to resolve
Set a reasonable deadline, such as 14 days. If the seller does not respond, you can escalate. The UK Consumer Contracts Regulations 2013 require refunds within 14 days of cancellation.
Escalate to a consumer body
In the EU, contact the ECC-Net European Consumer Centres Network. In the UK, contact Citizens Advice or Trading Standards. In the US, contact the FTC or Better Business Bureau (BBB).
Use chargeback or section 75 if applicable
For card payments, you can dispute under Visa and Mastercard chargeback rules. In the US, the Fair Credit Billing Act gives 60 days. In the UK, section 75 of the Consumer Credit Act 1974 covers purchases over £100.
Consider legal action as a last resort
If all else fails, you can take the seller to court. In the UK, the small claims court handles claims up to £10,000. In the EU, the European Small Claims Procedure handles cross-border claims up to €5,000.
Frequently asked questions
What is the difference between a legal guarantee and a commercial warranty?
A legal guarantee is your statutory right under laws like Directive (EU) 2019/771 or the UK Consumer Rights Act 2015. A commercial warranty is an extra promise from the seller or manufacturer. It does not replace your legal rights.
How long do I have to cancel an online order in the EU?
You have 14 days from receiving the goods to cancel under the EU Consumer Rights Directive 2011/83/EU. If the seller did not inform you of this right, the period can be extended by up to 12 months.
What information must a seller provide before I buy?
Under the EU Consumer Rights Directive 2011/83/EU and the UK Consumer Contracts Regulations 2013, the seller must provide identity, address, total price, delivery costs, and return policy. In the US, the FTC requires clear disclosures.
How do I escalate a complaint in the EU?
Contact the ECC-Net European Consumer Centres Network for cross-border disputes. They provide free advice and can help you communicate with the seller. For UK disputes, contact Citizens Advice or Trading Standards.
Can I use section 75 for online purchases?
Yes, section 75 of the UK Consumer Credit Act 1974 applies to credit card purchases over £100. It makes the card issuer jointly liable if the seller breaches the contract. In the US, the Fair Credit Billing Act gives you 60 days to dispute charges.