Withdrawal from the contract

Withdrawal from the contract invalidates it. In such a case the seller should refund the price paid by the buyer, and the buyer should return the item. 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 seller may – acting on their own initiative – remove the defect or replace the item, thus preventing withdrawal from the contract. However, removal of the defect or replacement of the item must be immediate and without causing any excessive trouble to the buyer. As regards consumer sales, specific  rules apply limiting the seller’s freedom of choice (removal of the defect vs. replacement of the item).

 

The seller cannot prevent withdrawal from the contract in the manner described above if: - the item has already been  replaced or repaired, - the seller has not fulfilled an earlier  demand for replacement or repair.