Distance Sales

Is a ‘click and collect’ service offered by a car dealership classed as a distance sale?

The answer is generally no – a ‘click-and-collect’ style purchase is not usually a distance sale. This is because, whilst you might have placed the order online and paid a deposit, you will still sign the contract and any finance agreements, or pay the balance on site, the same as with a ‘bricks and mortar’ purchase.

As you have had contact with the seller on their premises during the process of finalising your purchase, the additional right to cancel your purchase within 14 days given by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will not apply. You will still have your statutory rights under the Consumer Rights Act 2015, which gives you the right to reject the car for a full refund within the first 30 days after purchase – but only if you’re able to demonstrate that the car doesn’t meet the standards required of it under the Act.

What happens if I want to return the car more than 14 days after taking delivery? 

After 14 days has passed since you took delivery of the car, you no longer have the right to automatically return the car without specifying a reason. You’re still protected under the Consumer Rights Act 2015, but this only allows you to return the car if it can be demonstrated that it isn’t of satisfactory quality, is unfit for purpose or isn’t as described.

What happens if the seller of the car won’t take the car back within 14 days if I have notified them within this period about the return of the vehicle?

If the seller won’t take back the vehicle, then it’s time to raise a formal complaint. We’d recommend putting your concerns down in writing, so sending it by post or by email, and giving the business up to eight weeks to investigate what’s happened and issue their final response. If they still refuse to take back the car, and they’re accredited to The Motor Ombudsman, then get in touch with us. We’ll look at what’s happened and, if we find something has gone wrong, we’ll find the fairest way of putting things right.

I’ve been offered a no-quibble, money-back guarantee for 14 days from the seller when I ordered and bought my car online and had it delivered to my home. Am I not entitled to this anyway by law when it’s a distance sale?

Yes, absolutely. Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have 14 days after the date of delivery to give the car back to the seller and the right to a full refund without having to tell them why you’re handing the vehicle back. Any money-back guarantees offered by sellers, which could be shorter or longer than the 14 days you’re entitled to by law, are over and above your consumer rights and can’t be used to evade them.

For example, if a seller has a seven-day no-quibble money back guarantee, but you bought your car at a distance, you’ll still be able to take advantage of the 14-day cancellation period.

If I return the car within the first 14 days after delivery, will my finance agreement be cancelled at the same time?

All finance agreements include a 14-day cooling-off period from the date you signed the agreement. This should kick in at the point the finance company pays the dealership the price of the car so, if the car’s being delivered to your house, the start date of your cooling-off period may be different from the delivery date.

If you’ve bought the car on finance and you’re looking to cancel it under your distance sales rights, we’d advise you to get in touch with your finance company before you cancel, so you can make sure you’re able to hand the car back without any penalties.

Will my refund be subject to any deductions, if I caused damage to the car prior to notifying the seller within the first two weeks of ownership that I wished to return it?

Yes, if the damage goes beyond what could be considered fair wear and tear and wasn’t present on the car when it was delivered to you. This could include any kerb damage to the alloy wheels, dents, scrapes, bumps or scratches.

Will my refund be subject to any deductions, even if I have driven the car (e.g. 500 miles) before notifying the seller within the first two weeks of ownership that I wanted to return it?

According to the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the Distance Sales Regulations), i.e. you have bought your car online, you’re allowed to use a product in a way consistent with you needing to test it out to see if it’s right for you. For example, if you’ve bought a car, you might need to drive a few miles to check that everything’s working and you’re comfortable. However, if you’d driven the car for 500 miles in the space of a week, then it might be fair for the seller to make a deduction for some of that use.

It’s also worth checking the terms and conditions of the contract. Some sellers will specify what deductions they’ll apply in the event of a return – for example, this could be a flat fee or a pence-per-mile deduction.

If I order and purchase a car online and collect it from the seller’s premises, can I still return the vehicle if I don’t like it?

In this scenario, your vehicle purchase would no longer be classed as a distance sale, as you have visited the seller’s premises in person when buying the car. Therefore, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 will not apply.

You’re still protected by the Consumer Rights Act 2015, which gives you a 30-day right to a full refund if the car isn’t of satisfactory quality, is unfit for purpose or not as described. However, you can’t get a refund for the car just because you’ve changed your mind about it.

If I wish to return a car within 14 days, can I still use it once I have notified the seller that I no longer want it?

Once you have notified the seller that you don’t want the car, thereby effectively cancelling the contract that you have with them, we’d advise you to immediately stop using the car, and making sure you maintain its original condition.

If I order and purchase a car online and have it delivered to my home, can I return the vehicle if I don’t like it, even if there’s nothing wrong with it?

Yes, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have 14 days from the date of delivery to give the car back to the seller, and you have the right to a full refund during this time, even if you change your mind and don’t wish to keep the vehicle. You don’t need to provide a reason to the seller for the return of the vehicle within this two-week period. Make sure that if you’re looking to cancel the contract, you put this in writing – we’d advise not doing it over the phone.

Remember that if you don’t want to give back the car, you’ll probably need to return your V5C registration certificate (logbook) to the dealership and any accessories or extras that came with the car, like a spare key. It’s also worth checking your terms and conditions to see who’s responsible for bringing the car back and who will have to pay for it. This is particularly important if the dealership you bought the car from is a long way from you, as the cost of returning the car could prove expensive.