If you wish to cancel a heating or an air conditioning system contract, specific rules apply.
Contrary to the popular belief, you do not benefit from a 10-day delay to cancel a contract. Often, only a tribunal can cancel a contract concluded between a merchant and a consumer.
The law does not provide a delay to cancel a contract concluded in person, unless the merchant is an itinerant merchant.
Cancelling a contract concluded with an itinerant merchant
Did you conclude an agreement with an itinerant merchant? A person is considered an itinerant merchant if they solicit your business outside of their actual offices. They might, for example, have come to your home without your requesting it.
In such a case, you can cancel the contract without fees or explanations within 10 days after you received a written copy of the contract. The contract can be cancelled even if have already received the appliance.
The cancellation delay includes Saturdays, Sundays, and holidays. However, if the 10th day falls on any of those days, the date limit is deferred to the next business day. If the 10th day falls on Easter Monday, for example, the date limit will be the next day (Tuesday).
Procedure to cancel
Two options are possible :
- Inform the merchant in writing by sending the cancellation form you received along with the contract, or a free-form written letter.
- Return the appliance to the merchant in the condition you received it. If you have damaged the appliance, however, the merchant is not required to cancel the contract.
In legal terms, " contract cancellation " means you want to end the contract. This means that you will find yourself in the situation you were in before you signed the contract. If you already paid money to the snow removal company, they must refund you within 15 days after you send the cancellation form or letter.
Cancelling within one year
In some cases, you can cancel a contract within the year following the day it was signed by the 2 parties (the merchant and yourself). You can do so if, for example :
- the merchant you are doing business with did not hold a valid license from the Office de la protection du consommateur when you signed the contract;
- the contract did not contain all the mandatory information prescribed by the law;
- the merchant did not provide all mandatory documents :
- merchant has not provided the service within 30 days following the date included in the contract or, past those 30 days, the date agreed upon with you.
Purchases financed through the merchant
If you have financed your appliance purchase through the merchant’s credit company, it is likely an instalment sale contract. Once the contract is signed, you have 2 days to cancel it. This period begins when both you and the merchant are in possession of a copy of the contract.
If the vehicle was delivered to you when you received a copy of the contract, you have 2 days to return the vehicle to the merchant. However, if you have damaged the appliance and cannot return it in its original condition, the merchant has the right to refuse to cancel the contract.
If the vehicle was not delivered to you when you received a copy of the contract, you must send a written notice to the merchant within 2 days.
If your contract was concluded online or by phone, specific rules apply. It is possible to cancel the contract without needing to pay any fees, within short elapsed time periods, if the merchant has not respected certain commitments.
|Cancellation time limit
|You have not received the appliance or it has not been installed :
|Anytime, before the merchant delivers or installs the appliance.
|The merchant did not send a copy of the contract within 15 days after it was concluded.
|30 days following the contract signature date
|7 days following receipt of a copy of the contract
How to cancel a contract concluded online or by phone
To cancel such a contract, you must send a cancellation notice to the merchant. You are free to use the notice template and method of delivery of your choice. The Office de la protection du consommateur advises you to use registered mail or any other method that provides a proof of delivery. In any case, make sure to keep a proof of shipping or delivery.
The cancellation will take effect on the notice’s delivery date. The merchant must refund you within 15 days after the notice’s delivery.
Did you purchase the appliance online and paid with a credit card? If the merchant does not refund you within 15 days following the purchase cancellation, you can file a chargeback request within 60 days.
Chargebacks allow you to ask your credit card company to credit the amount paid to your account.
For further information on this topic, please see :
Last update : September 22, 2021
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The information contained on this page is presented in simple terms to make it easier to understand. It does not replace the texts of the laws and regulations.