In this article we discuss the Cambodian law on consumer protection the Cooling-Off Period. For more information about law in Cambodia for businesses and investors, view our entire library of laws section here, or for more specific consultation and advisory information, get in touch with one of our team today.

What are the key terms of the Cooling-Off Period under the Cambodian law on consumer protection?

If you operate a business in Cambodia and engage in Distance Sales or Door-to-Door sales of Goods and/or Services, it’s important to be aware of the Cambodian law on consumer protection. The law applies to these types of sales and provides guidelines for the types of goods and services that can be sold, as well as the transaction process, including sales following trial in accordance with Article 520 of the Civil Code.

One of the key principles under the Cooling-Off Period is that consumers have the right to terminate the contract by providing a written notice to the business operator within 07 calendar days without any justification required. Consumers are responsible for any expenses or costs, except for expenses related to the return of goods or the use of services, or any damage caused by the consumer. Make sure to familiarise yourself with these guidelines to ensure compliance and protect your consumers’ rights.

What is the duration of the Cooling-off Period under the Cambodian law on consumer protection?

Under the Cambodian law on consumer protection, the sale of services under the Distance Sales, the duration of seven calendar days shall be counted from the execution date of the contract

For the sale of goods under the Distance Sales, the duration is counted from:

  • The date when the Consumer was handed over the purchased goods;
  • The date when the Consumer was handed over of the last goods to be
  • delivered for the transaction that requires the deliveries to be made more than one time per purchase order; or
  • The date when the Consumer was handed over of the Goods to be delivered under a purchase order, in case of recurring or frequent supply.

For the sale of goods/services under the Door-to-Door Sales, the duration of 07 calendar days shall be counted from the execution date of the contract.

What are the obligations of the Business Operator and consumers under the Cooling-off Period in Cambodia?

Under the Cambodian law on consumer protection, the Business Operator shall have the obligation to:

  • Inform the consumer about the consumer’s right to Cooling-Off Period attached with the cancellation form including the identification and means of communication with the business operator
  • The contract and condition of the quality of goods to be returned and other information for returning the goods and/or services.

Under the Cambodian law on consumer protection, the obligation of the Consumers is as follows:

  • Notify to the Business Operator on the decision of terminating the contract during the Cooling-off Period
  • Burden of proof with regards to sending notification to terminate the contract
  • The return of goods at the time when the consumer gets refund
  • Bear the cost of the return goods and/or used services
  • Responsibility for the damage of the goods.

What are the exemption for the Cooling-Off Period under the Cambodian law on consumer protection?

The Prakas provides a list of goods and services sold through either Distance Sales or Door-to-Door sales based on the type and characteristic of such goods and services as well as the transaction including the sale following trial in accordance with Article 520 of the Civil Code. Please refer to Chapter IV of the Prakas for the detailed of the Exemption list of Cooling-off Period.

What are the terms of termination under Cooling-Off Period under the Cambodian law on consumer protection?

The consumers shall have right to terminate the contract through providing a prior written notice to the business operator within 07 calendar days without any required justification and responsible for any expenses or costs, excepting any expense related to return of goods or used of services or any grave damages.

When was the Cooling-off Period under the Cambodian law on consumer protection made?

On 11 April 2022, the Ministry of Commerce issued the Prakas No. 0113 on Cooling-off Period under the Law on Consumer Protection as to set forth a regulatory for the right of Consumers to Cooling-off Period for promoting trust in the market of Distance Sales and Door-to-Door Sales.

This Prakas is applicable for all the operation of Distance Sales and Door-to-Door sales of Goods and/or Services in the Kingdom of Cambodia, under the Cambodian law on consumer protection. The Prakas provides a list of goods and services sold through either Distance Sales or Door-to-Door sales based on the type and characteristic of such goods and services as well as the transaction including the sale following trial in accordance with Article 520 of the Civil Code.