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Changed Your Mind on a Pram Ordered Online? The 14-Day Cancellation Right and Returning a Pushchair (UK)

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Buying a pram online means buying without seeing the frame, folding it or lifting it into a boot. The law gives online shoppers a separate right to change their mind, which is different from the rights that apply when a pushchair turns out to be faulty. This guide explains that change-of-mind right using the wording of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, which the legislation site shows as applying across the UK. It is general information, not legal advice.

Change of mind versus a faulty pushchair

The two rights work differently. A fault is dealt with under the Consumer Rights Act 2015, as explained in our guide to faulty pushchair rights. The right discussed here is for a buyer who simply decides the pram is not what they want. Regulation 29 says the consumer may cancel a distance or off-premises contract at any time in the cancellation period, without giving any reason and without liability except in the limited cases the regulation lists (legislation.gov.uk, Consumer Contracts Regulations 2013, regulation 29). Online and telephone orders are the typical distance contracts, so a pram bought in a shop is generally outside this right unless the shop has its own returns policy.

When the 14 days start

For a sales contract, the cancellation period ends 14 days after the day on which the goods come into the physical possession of the consumer, or of someone else named by the consumer to take them, other than the carrier. Where several items in one order arrive on different days, the period runs to 14 days after the last item arrives (legislation.gov.uk, regulation 30). GOV.UK’s business guidance says the customer can cancel up to 14 days after the order is delivered, and that if a seller has not told the customer about the right to cancel, the customer can cancel at any time in the following 12 months (GOV.UK, “Consumer contracts regulations”).

How to cancel

The buyer must inform the trader of the decision. Regulation 32 allows either a form following the model cancellation form or any other clear statement setting out the decision to cancel. A buyer who sends the notice before the period ends is treated as having cancelled in time, and in a dispute it is for the consumer to show the contract was cancelled within the period (legislation.gov.uk, regulation 32). Sending the message in writing and keeping a dated copy therefore makes practical sense.

Sending the pushchair back

Once a buyer has cancelled, regulation 35 sets out what happens to the goods:

  • the trader must collect the goods if it has offered to do so;
  • otherwise, the consumer must send the goods back or hand them over without undue delay, and no later than 14 days after telling the trader about the cancellation;
  • the consumer bears the direct cost of returning the goods, unless the trader has agreed to bear it or failed to give the required information about who pays;
  • the consumer is not required to bear any other cost of returning goods.

Because a pushchair is bulky, who pays for the return is worth checking in the seller’s terms before ordering (legislation.gov.uk, regulation 35).

Refunds and how quickly they are due

Under regulation 34, the trader must reimburse all payments other than delivery payments, and must also refund the standard delivery charge unless the buyer chose a more expensive kind of delivery than the cheapest common and generally acceptable option. Reimbursement must be made without undue delay and, where the trader has not offered to collect the goods, no later than 14 days after the earlier of two dates: the day the trader receives the goods back, or the day the consumer supplies evidence of having sent them back. It must use the same means of payment as the original transaction unless the buyer agrees otherwise, with no fee for the refund (legislation.gov.uk, regulation 34).

Proof of postage is worth keeping, because it can start the refund clock before the goods arrive back. For card purchases, our guide to Section 75 and chargeback covers what happens if a refund is not paid.

Handling the pram before returning it

The Regulations allow a trader to recover an amount if the value of the goods has been diminished by handling beyond what is necessary to establish their nature, characteristics and functioning. The Regulations describe this as handling that goes beyond the sort of handling that might reasonably be allowed in a shop, and the deduction cannot exceed the contract price. A trader who failed to give the buyer the required information about the right to cancel cannot make this deduction (regulation 34).

Exceptions

Regulation 28 lists goods for which the right does not apply. The most relevant for baby gear is the supply of goods made to the consumer’s specifications or clearly personalised (legislation.gov.uk, regulation 28). A buyer ordering something engraved or made to order should check the seller’s terms before relying on the 14 days.

Questions readers often ask

Can a seller keep the delivery charge?

Not the standard delivery charge, under regulation 34, though it may retain the difference if the buyer chose a more expensive delivery option.

The bottom line

Under the Consumer Contracts Regulations 2013, a pram or pushchair bought online can be cancelled without giving a reason within 14 days after the goods arrive. The buyer must give clear notice, send the pushchair back within 14 days of that notice and normally pays the direct cost of return unless the trader agreed to bear it or failed to explain. The trader must refund the price and standard delivery within 14 days of the goods coming back, or of evidence of posting, and may deduct for handling beyond what a shop would allow.

Sources

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