By Shavit Ben-Chorin on Wednesday, 03 February 2021
Category: March 2021

Senior Citizen's Guide to Cancellation of Remote Sales

Background

A customer aged 65+ who has made a remote purchase of a product or service is permitted to cancel the transaction within four months from the date of receiving the product or from the date of receiving the agreement – the latter of the two dates. It should be noted that customers below the age of 65 are only entitled to cancel a transaction within fourteen days.

What is a remote sales transaction?


Examples of a remote sales transaction


Full Disclosure Form

In every remote sales transaction, the supplier is required to provide a Full Disclosure Form that includes the following details:Name, ID number, and address of the supplier in Israel and abroad, the key features of the goods or service, price of the product or service and terms of payment for the transaction and an explanation on how the customer can exercise the right to cancel the transaction.

Cancellation of a remote sales transaction

As noted, a customer aged 65+ who has made a remote purchase of a product or service is permitted to cancel the transaction within four months of either the date of purchase or the date of receipt of the Full Disclosure form – the latter of the two dates.Cancellation is possible on condition that the transaction was preceded by a conversation between the supplier and the customer.This includes a conversation via electronic means of communication.

Notification of cancellation of a transaction


How to cancel the transaction

The supplier must accept cancellation by notification provided by the customer in any one of the ways listed below, providing the details of the transaction given by the supplier:


Return of the product and cancellation fee


Important to note:


Frequently asked questions

Note that in the cases described below the supplier is entitled to demand a cancellation fee as described above.

Question:

I am a senior citizen and purchased a travel service on the internet. The transaction was preceded by a telephone conversation. I signed a disclosure form with all the details. The supplier claims that since I signed the disclosure form my right to cancel does not extend to the four-month period. Is this correct?

Answer:

No. It is sufficient that there was a conversation before concluding the transaction, and the fact that the customer has signed a disclosure form, or any other written document, does not negate the right to the extension of the four-month cancellation period.

Question:

I purchased a travel service and still have the right to cancel. I want to cancel because I have decided not to go.Is this permissible?

Answer:

Yes.The legal right to cancel is not contingent on the reason for cancellation. You have the right to change your mind for any reason.

Question:

I am a senior citizen. I saw an offer for travel services on the website of a travel agency. I contacted the agency and purchased the service. I tried to cancel within the allowed time but the agency said I have no right to cancel, claiming that this was not a remote sales transaction because the transaction was not the result of contact initiated by them.

Answer:

The agency is wrong. An offer the customer sees on a website (or advertisement in the newspaper) is deemed contact initiated by the supplier and is defined as remote marketing (even if the contact was made by electronic means such as a website).Therefore, the transaction concluded as a result of this contact is a remote sales transaction.

Question:

We are a married couple. My wife is 61 and I am 67.My wife purchased a vacation package by telephone. Do we have the right to an extended cancellation date as senior citizens?

Answer:

You wife is not legally a senior citizen (65+) and she is the customer who made the purchase. In this case you do not have the right to extend the cancellation date.

Question:

I am a senior citizen and purchased a family vacation package for myself and my family (including children and grandchildren).Am I entitled to cancel the purchase for the entire family?

Answer:

Yes.The right is in effect regardless for whom it was purchased.

Question:

We are senior citizens and purchased a water purifier by telephone.  How is the period of four months calculated?

Answer:

The four months are calculated from the date of purchase. For example, if the purchase was made on January 1 you have the right to cancel before May 1.

Question:

I am a senior citizen. I purchased a mixer on the internet as a birthday gift for my son who loves to bake. At the birthday party, which took place a month and a half after I made the purchase, I was surprised to discover that he had already purchased one for himself. Can I return the mixer to the supplier?

Answer:

Yes. As long as it is not yet four months since the purchase date, and on condition that the mixer has not been used.It should be noted that opening the original packaging is not considered use or damage to the goods unless it can be proven otherwise. However, it is recommended not to open the original packaging.

Please note: The information contained herein is general in nature, is provided for informational purposes only, and should not be construed as legal or financial advice. You should consult with a certified lawyer before making any decisions in respect of the subject matters contained herein.

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