If you wish to cancel an asphalting or paving 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 your contractor is an itinerant merchant.
Cancelling a contract concluded with an itinerant merchant
If you concluded an agreement with an itinerant merchant, it means that they solicited 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 asphalting or paving contract without fees or explanations within 10 days after you received a written copy of the contract. The contract can be cancelled even if the company has already started the work.
The cancellation delay includes Saturdays, Sundays, and holidays. However, if the 10th day falls on any of those days, the limit date 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
You must advise the merchant in writing. Send the cancellation form you received along with the contract, or a free-form written letter.
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 contractor, 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 receipt of a signed copy of the contract. You can do so if, for example:
- the merchant you are doing business with did not have a valid license from the Office de la protection du consommateur when you signed the contract;
- the contract you received did not contain all the mandatory information prescribed by the law;
- the merchant did not provide all mandatory documents:
- the 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.
If your contract was concluded online or by phone, specific rules apply. It is possible to cancel a contract without needing to pay any fees, within short elapsed time periods, if the merchant has not respected certain commitments.
|Situations||Cancellation time limit|
The asphalting or paving work did not start:
Anytime, before start of work
The contractor did not provide a written contract within 15 days after you entered into an agreement.
30 days following the contract signature date
The contractor did not provide all the mandatory information before you entered into an agreement, or it failed to provide them clearly.
(If you become aware of this only after the 1st day of work, you then have 7 days from that moment to cancel the contract.)
7 days following receipt of a copy of the contract
The contractor did not clearly provide the opportunity to accept or refuse its proposal or to amend it.
The contract you received does not contain all the mandatory information.
The contract you received cannot be printed and retained.
Section consommateurs, Information par biens ou services, Conseils, avant de faire faire des travaux d’asphaltage, Demander un contrat (si possible, arriver au sous-titre Contrat conclu au téléphone ou par Internet)
How to cancel a distance contract
To cancel an asphalting contract, you must send a cancellation notice to the contractor. 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. The cancellation will take effect on the notice’s delivery date. The contractor must refund you within 15 days after the notice’s delivery.
Credit card purchases
Did you use a credit card to make a purchase? If the contractor 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 : November 26, 2020
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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.