Update ‘cooling off’ contracts or face the consequences – GGF
7th April 2015

Some companies are still putting themselves at risk by not keeping up with last year’s new consumer contract regulations – and could even risk having to give ‘a cooling off period’ for a finished window,  according to the GGF.

The organisation has learned that some companies have continued with their existing contracts, which could mean a consumer being entitled to 14 days cooling-off from the date of delivery, simply because the company has not informed them of their new rights.

Brian Smith, GGF Home Improvement Director said: “There is a now a very long list of pre-contract information which must be provided to consumers before a contract is made, including advising cancellation rights and if a trader belongs to a code of conduct, for example the GGF Consumer Code of Good Practice. Failure to provide certain items will give a consumer a cooling-off period of up to 379 days, and the trader would be liable to a fine of up to £5,000.

“There are some important exemptions, however, one of which is for products “made to the consumer’s specification” including such products as made-to-measure windows. Another is for urgent repairs and maintenance when a consumer invites a trader to their home.”

Last June, the Consumer Rights Directive was implemented in the UK via the Consumer Contracts Regulations (CCRs), which meant that all companies who deal with consumers needed to change their contract terms and conditions. The CCRs mean companies must inform consumers of their rights as to their cooling-off period in order to assert zero days on installed, made-to-measure windows.

This is a complicated subject, says the GGF, which even many Trading Standards Officers are struggling to understand. To help companies cope with this legislation, the organisation has published revised Model Terms and Conditions of Contract, plus Guidance on implementation of the EU Consumer Rights Directive for both GGF Members (free of charge) and non-members. These two documents are available to non-members for just £75 via modelcontract@ggf.org.uk

Brian Smith continued: “The Consumer Contracts Regulations (CCRS) were implemented in the UK on the 13th June 2014. We would stress that this is entirely separate legislation from the Consumer Rights Bill which is now due to be implemented in October 2015. In the meantime, I would urge all companies who have not changed their contracts in line with the Consumer Rights Directive, to do so as soon as possible”

www.ggf.org.uk