Contracts established through means where the seller and the consumer are not physically present together at the same time - such as over the internet, by phone, or door-to-door sales - are characterized as "distance contracts," and the consumer is granted an additional guarantee: the right of withdrawal.
The Right of Withdrawal Period
In distance sales contracts, the consumer has the right to withdraw from the contract within 14 days of the date the goods are delivered to them or to the person at the address they have indicated, without stating any reason and without paying a penalty (Distance Contracts Regulation). For service contracts, this period begins to run from the date the contract is established.
Exercising the Right of Withdrawal
The right of withdrawal is exercised through an explicit notice (in writing, by email, or via a durable data storage medium) sent to the seller within the period. After receiving the notice of withdrawal, the seller is obliged to refund all payments collected to the consumer within 14 days.
Cases Where the Right of Withdrawal Cannot Be Exercised
The right of withdrawal cannot be exercised for certain products and services listed in the regulation, for example:
- Goods prepared specifically for the consumer according to their requests,
- Goods that may perish quickly or whose expiry date may pass,
- Products whose packaging has been opened and whose return is not suitable in terms of health/hygiene,
- Services performed instantly in electronic form, or intangible goods delivered instantly (such as digital content - with the consumer's consent).
Who Bears the Shipping Cost When the Right of Withdrawal Is Exercised?
As a rule, the costs relating to returning the goods due to the exercise of the right of withdrawal belong to the consumer; however, if the seller has stated in the preliminary information that they will cover this cost themselves, or if no such information was provided at all, the cost may belong to the seller.
Conclusion
The right of withdrawal is an important mechanism protecting the consumer in distance sales; however, this right cannot be exercised for the exceptional products/services listed in the regulation. It is advisable to check before purchasing whether a product falls within the scope of the right of withdrawal.
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