Withdrawal from a distance contract or an off-premises contract

A consumer who concluded a distance contract or an off-premises contract can withdraw from it  within 14 days without giving any reason and without bearing any  costs other than explicitly specified by the law.

 

Withdrawal from the contract invalidates it. In such a case the seller should refund  payments made by the buyer, and the buyer should  return the item to the seller. Payments made by the consumer should be refunded within 14 days after the seller receives the withdrawal statement. The payment mode used for refund should be identical to the payment mode used by the consumer (unless the consumer has explicitly approved an alternative mode of refund that does not cause any costs on the part of the consumer).

The consumer is liable for any reduction in the value of the item resulting from using it in a manner exceeding the scope necessary for identifying the character, features and functionalities of the item, unless the trader has not informed the consumer about the right to withdraw from the contract.

 

Buyers wishing to exercise the right to withdraw from the contract should make a statement to that effect to the seller. The law does not prescribe any particular form of such a statement, which means that it does not need to be in writing. However, for evidentiary purposes it is recommended to make that statement in a form allowing for proving the fact and the date of making it.

 

The buyer does not need to give any reasons for the withdrawal. The seller cannot demand such reasons from the buyer, or make the withdrawal’s validity contingent on the buyer’s explanations.

 

To make it easier to exercise the right to withdraw, the  consumer’s rights act introduced a  withdrawal statement form that can be used by the buyer.

 

The right to withdraw from distance or off-premises contracts is not available to consumers in the case of a contract: 1) for the provision of services, if the trader has completed the service upon explicit consent of the consumer, as long as the consumer was informed prior to the commencement of the service that its completion would waive the consumer’s right to withdraw; 2) whereby the price or remuneration depends on fluctuations in a financial market that is not controlled by the trader, as long as such fluctuations may occur before the expiry of the time limit for withdrawal; 3) whereby the item to be delivered is not prefabricated, is manufactured to the consumer’s specification or to satisfy their individual needs; 4) whereby the item to be delivered is perishable; 5) whereby the item to be delivered comes in a sealed packaging and cannot be returned after its opening for health or hygiene reasons (as long as the packaging has been opened after delivery); 6) whereby the item to be delivered is by nature inseparably connected with other items; 7) whereby the item to be delivered is alcoholic beverages, the price of which was agreed upon concluding the sales contract and which can be delivered only after 30 days and the value of which depends on fluctuations in a market that is not controlled by the trader; 8) whereby the consumer explicitly demanded the trader to arrive at the consumer’s location for the purpose of making an urgent repair or maintenance works; if the trader additionally provides services other than those demanded by the consumer or supplies items other than spare parts necessary for such repair or maintenance, the right to withdrawal is limited to such additional services or items; 9) whereby the item to be delivered is audio or video recordings or computer software delivered in a sealed packaging, as long as the packaging has been opened after delivery; 10) for the delivery of newspapers, periodicals or magazines (other than a subscription contract); 11) concluded through a public auction; 12) for the provision of services of accommodation (other than for residential purposes), shipping, car rental, catering, leisure, entertainment, sports or cultural events if the date or period of providing such services is specified; 13) for the supply of digital content not saved on a durable medium, as long as the provision of the service began upon explicit consent of the consumer prior to the expiry of the time for withdrawal and the trader informed the consumer about losing the right to withdraw.