Introduction
When you buy an item?a piece of furniture, article of clothing or simply a pen?you conclude a contract with a merchant. The terms of this contract are indicated on your invoice or cash register receipt.
With some exceptions, the Consumer Protection Act
does not provide for the possibility of voiding the purchase of an item that is not defective simply because we change our mind about its usefulness or colour. Our only recourse is to negotiate an agreement with the merchant.
No legal provision forces the merchant to take back an item or give the consumer a credit note, thereby terminating the contract. However, since there are exceptions to every rule, the law provides for cancelling or terminating certain types of contracts under certain conditions.
All of these contracts can be cancelled by sending the notice stipulated in the Consumer Protection Act, a written notice to the same effect or, if applicable, returning the item to the merchant. Depending on the circumstances, it may be a case of resolution or termination.
Distinction between resolution and termination
Both contract resolution and termination are tantamount to contract cancellation. However, the consequences differ:
- resolution means putting an end to the contract as if going back in time: the consumer returns the item to the merchant and the merchant refunds the consumer;
- in cases of contract termination, the consumer must pay the merchant an amount that may be stipulated in the contract provisions or the Act in order to get out of the contract.