The Legal Frameworink:
Unveiling the Right of
Withdrawal Online Purchases
What is the right
of withdrawal?
• Consumers can withdraw
from distance and off-premises
contracts within 14 days of the
delivery of the goods or the
conclusion of the service contract,
subject to certain exceptions,
without any explanation or cost. A
standard withdrawal form provided
by the seller suffices. If the
consumers are not made aware of
their rights, the withdrawal period is
extended by 12 months.
Exemptions
• Exemptions apply in several
circumstances, for example for
perishable goods, sealed goods
opened by the consumer that
cannot be returned for health or
hygiene reasons, and hotel
reservations or car rentals that
are tied to specific dates.
Exceptions also apply, under
certain circumstances,
for contracts for the supply of
digital content, which is not
supplied on a tangible medium,
if the performance has begun.
Do I need to inform the consumer
about their right of withdrawal?
Yes, where such right exists, in order to make the right of withdrawal effective, the trader has the
obligation to inform the consumer about the existence and modalities of their right to withdraw
from the contract
• the conditions
• time limit
• procedures for exercising their right of withdrawal •
• the fact that the consumer bears the cost of returning (+ if return by normal post is not possible,
then the actual costs)
• The fact that if the consumer withdraws after having requested the start of services, he has to
pay the proportionate costs of service used up until that moment.
Has the consumer the right to
use the product before
withdrawal?
• In case they want to make use of their right
of withdrawal, consumers are not allowed
to use the product. However, they can
inspect and test the goods to an extent
which is necessary to establish the nature,
characteristics and the functioning of the
acquired goods. This means in practice that
the consumer can only handle and inspect
the product in the same manner they would
do it in a traditional shop. For example, the
consumer could try on a new suit in a shop
without removing the tags
Can the seller only
refund me partially if I
have used the good
or service?
• You can return any purchase within
14 days without justification. As a
consumer, you are allowed to inspect
and test goods to the extent necessary
to establish their nature,
characteristics, and functioning
• Service Contracts: If you have used a
service within the 14-day period, the
provider may be entitled to a
proportionate amount for the service
provided up until the time you
informed them of your decision to
withdraw.
Legal Procedure for Contract
Termination
• Notification of Withdrawal: To exercise the right of withdrawal, consumers must inform
the trader of their decision to withdraw from the contract
• Return of Goods: If the contract involves the sale of goods, the consumer is required to
send back the goods to the trader no later than 14 days from the day on which they
communicated their decision to withdraw.
• Refund: Upon withdrawal, the trader is obliged to reimburse all payments received from
the consumer, including the costs of delivery, without undue delay and in any event
within 14 days from the day they are informed of the consumer's decision to withdraw.
Challenges in Online
Contract Termination
For Consumers: For Sellers:
• Awareness of Rights • Return Management
• Return Process • Financial Losses
• Return Costs
• Return Policy
• Product Condition
• Fraud
Case Study: Returning a
Purchased Item
• Case Study: Returning a Purchased Item
• Scenario description: A consumer buys a
product online (e.g., a camera) but discovers it
doesn’t meet the advertised standards.
• Decision to terminate: The customer chooses
to terminate the contract based on product
misrepresentation.
• Outline the steps for legal termination:
Contacting the seller, stating the reason for
termination, arranging for product return, and
receiving a refund.
Conclusion
