Withdrawal from a distance sales contract

When regulating distance or off-premises sales, the Consumer Rights Act of 30.05.2014 provides for an additional consumer right of withdrawal. This right is available to a consumer who has concluded a contract at a distance or off-premises, and its exercise is not conditional on the consumer giving a reason and incurring costs (with certain exceptions). The consumer can exercise the right of withdrawal within 14 days. The deadline is extended if the contract was concluded away from business premises during an unscheduled visit by the trader to the consumer’s home or habitual residence or a trip, to 30 days.
If, in the performance of the contract, the goods are handed over to the consumer or to a third party other than the carrier designated by the consumer, the period for exercising the right of withdrawal shall in principle begin to run when the goods are handed over. In other cases, the period shall begin when the contract is concluded.
The consumer therefore has an exceptionally effective remedy by which he or she can cancel a distance or off-premises sales contract even if the contract has been properly performed.

How do I exercise my right of withdrawal?

The consumer may withdraw from the contract by making a declaration to the trader expressing such will. The declaration may be made on a form, a specimen of which is attached as Annex 2 to the act.
Sending the statement before the deadline is sufficient to meet the deadline.
If the trader provides the possibility to make a declaration of withdrawal electronically, the consumer may also withdraw from the contract:
1) using the model withdrawal form attached as Annex 2 to the act;
2) by making a statement on the trader’s website.

Effect of withdrawal

In the event of withdrawal from a distance or off-premises contract, the contract shall be deemed not to have been concluded.
If the consumer has made a declaration of withdrawal before the trader has accepted his offer, the offer shall cease to be binding.
The trader is obliged to reimburse all payments made by the consumer, including the costs of delivery, to the consumer without delay, but no later than 14 days from receipt of the consumer’s declaration of withdrawal.
The trader shall refund the payment by the same means of payment used by the consumer, unless the consumer has expressly agreed to a different method of refund that does not incur any costs for the consumer.
If the trader has not offered to collect the goods from the consumer himself, the trader may withhold the reimbursement of the payment received from the consumer until he has received the goods back or the consumer has supplied evidence of having sent back the goods, whichever event occurs first.
Legal status as at 20.11.2024