8.1 This User Agreement shall commence on the date on which you agree to this User Agreement when submitting your details to become a User. The Incahoot Service will commence as soon as you have been accepted as a User and followed the instructions in the first acceptance email that we send to you as a User to continue with registering for the Incahoot Service, and further elements of the Incahoot Service will commence as soon as you have authorised us to collect payment for any Fee from your card or bank account. Accordingly, you will not have a cooling off period under the Consumer Protection (Distance Selling) Regulations 2000 (or any other similar law) in which to cancel this User Agreement (or any aspect under it), once we have accepted your registration. You may, however, exercise any other rights to suspend or terminate this User Agreement in the ways described in this User Agreement.
Under the Consumer Protection (Distance Selling) Regulations 2000 you have to refund an item if the buyer changes their mind within 7 days after the day on which the item was delivered. However, whether the Distance Selling Regulations applies depends on the type of item sold and the listing format used (see "Where do the Distance Selling Regulations apply", below).
Under the Distance Selling Regulations, buyers have a period of 7 working days after the date of delivery within which they can cancel the contract (often referred to as the "cooling off" period) and get their money back, including the original postage and packing charges. You must refund the original delivery charges. However, you are permitted to require the buyer to pay for the cost of returning the item, but only if you clearly inform the buyer of this before the contract is made.
If you didn't provide information about your business required under the Distance Selling Regulations, the buyer has up to 3 months to cancel the contract and get their money back. To get a general idea of the laws governing distance sales, we recommend that you review BERR’s summary of the Distance Selling Regulations.
(Please note that, under the Sale of Goods Act 1979 (as amended), there's no legal requirement for you to provide a refund if the buyer simply changes their mind.)
Where do the Distance Selling Regulations apply?
The Distance Selling Regulations generally apply to sales to non-business buyers made by sellers acting in the course of a business, which have been made at a distance. In other words, where there is no face-to-face contact between the seller and the buyer before the contract is made. The Distance Selling Regulations usually cover sales made over the internet.
The UK Distance Selling Regulations do not apply to auction format listings on incahoot.com, and do not apply to all types of items.
If your listing doesn't fall under the Distance Selling Regulations, you're not legally obliged to refund a buyer if they change their mind. However, you may choose to provide a service that goes beyond the minimum legal requirement in order to encourage consumers to buy from you. For more information, see BERR’s summary of the Distance Selling Regulations.