Consumer rights
Consumer Rights
Right of Withdrawal
Article 8 - In distance contracts related to the sale of goods, the consumer has the right to reject the goods and withdraw from the contract without assuming any legal or criminal liability and without giving any reason within seven days from the date of receipt. In distance contracts related to the provision of services, this period begins on the date the contract is signed. If the contract has agreed that the service will be performed before the 7-day period expires, the consumer may exercise the right of withdrawal until the date the performance will begin. The expenses arising from the exercise of the right of withdrawal belong to the seller or provider.
Contracts for services performed instantly electronically and goods delivered instantly to the consumer are not subject to the provisions regarding the right of withdrawal and its use.
Even if the delivery of the goods is made to a person other than the consumer who is a party to the contract, the consumer may exercise his right of withdrawal. In this case, the seller receives the goods from the third party in accordance with the provision of the fourth paragraph of Article 9.
The consumer cannot exercise the right of withdrawal for goods that are produced in accordance with the consumer's special requests and demands or that have been personalized by making changes or additions. In addition, the consumer cannot exercise the right of withdrawal for goods that cannot be returned due to their nature, are likely to deteriorate rapidly or expire.
(Amended paragraph: 09/10/2007- 26668 SRG Reg/5.md.) If the seller or provider fails to fulfill the obligations specified in Article 6 or 7, the seller or provider shall remedy the deficiency within thirty days at the latest. In this case, the seven-day period begins as of the date on which the written information regarding the remedy of the deficiency is delivered to the consumer. Otherwise, the consumer is not bound by the seven-day period to exercise the right of withdrawal.
If the amount paid by the consumer is partially or completely covered by the seller or provider or based on an agreement between the seller or provider and the creditor, the credit agreement will automatically terminate if the right of withdrawal is exercised without any obligation to pay compensation or penalties. However, for this, the notice of withdrawal must also be sent to the creditor in writing.