Landscaping and exterior maintenanceCancelling a contract concluded in person

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 snow removal 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 contract without fees or explanations within 10 days after receiving a written copy of the contract. The contract can be cancelled even if the snow removal company has already cleared your driveway.

The cancellation delay includes Saturdays, Sundays, and holidays. However, if the 10^th day falls on any of those days, the date limit is deferred to the next business day. If the 10^th day falls on Easter Monday, for example, the limit date is the next day (Tuesday).

Procedure to cancel

You must advise the snow removal company 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 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 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 Statement of consumer cancellation rights,
• the cancellation form;
• 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.