Right of withdrawal
Right of withdrawal
According to the "Distinctive agreements", 17/1999. (II.5) Government Decree and Decree 213/2008. (VIII.29.) Government Ordinance, "Contracts with Customers Without a Business", the consumer can withdraw from the contract within 14 days of receipt of the ordered product and return the ordered product without reason.
In the absence of this information, the consumer is entitled to exercise the right of withdrawal three months after the receipt. In the exercise of the right of withdrawal, the consumer is not liable for any other costs than the return of the product, but the enterprise may claim reimbursement of material damage caused by improper use.
However, in some cases the right of withdrawal does not apply to the consumer.
Such cases are as follows:
· In the case of a contract for the provision of services, if the deadline for withdrawal
before the expiration of the expiry of the contract, the undertaking commenced the execution with the consent of the consumer.
· In the case of a product the price of which can not be controlled by the enterprise
financial movements, fluctuations.
· Specifically at the consumer's request, based on his / her requirements
in accordance with its specific request.
After the return of the product, the contractor shall return the purchase price of the product, including the previous transport cost, to the consumer within a deadline of 30 days, but not later than 30 days.
* This document is an extract that is valid with the General Terms and Conditions.
Extract from the 17/1999. (II.5) Government decree is bound by distance
of the Law on Contracts:
(1) The consumer may withdraw from the contract within eight working days without reason.
(2) Right of withdrawal by the consumer pursuant to paragraph 1
(a) in the case of a contract for the sale of a product, from the date of receipt of the product until the date of receipt of the written confirmation referred to in Section 3 until the expiry of eight working days from the date of receipt thereof, but not later than three months after the date of receipt of the product,
(b) in the case of a contract for the provision of a service, from the date of the conclusion of the contract until the date of receipt of the written confirmation referred to in Article 3 until the expiry of eight working days from the date of receipt thereof, but not later than the date of the contract
(3) If, in the case referred to in paragraph 2 (a), the receipt of the written confirmation referred to in Section 3, the date of receipt of the product, or, in the case referred to in paragraph 2 (b)
within three months of the date on which the contract was concluded, the consumer may withdraw from the eight working days after that date, if less than eight working days have elapsed from the receipt of the product or three months after the date of the contract.
(4) In case of termination in writing, it shall be deemed to be valid within the time limit,
if the consumer's statement is sent before the expiry of the deadline.
The undertaking shall pay the amount paid by the consumer promptly but not later than
within thirty days after withdrawal.
(6) The consumer shall bear the costs incurred in connection with the return of the product due to the exercise of the right of withdrawal. Furthermore, the consumer is not liable for any other costs. THE
However, an undertaking may claim reimbursement of damage resulting from misuse of the product.
Unless otherwise agreed by the parties, the consumer can not exercise the right of withdrawal pursuant to § 4:
(a) in the case of a contract for the provision of services, if the withdrawal period
before the expiry of the contract, the undertaking has commenced performance with the consent of the consumer;
(b) in the case of the sale of a product or the provision of services for which:
price or charge on the volatility of the money market that can not be controlled by the seller
(c) in the case of the sale of a product to the consumer
or by the consumer's instructions or express request
or which, by its nature, can not be returned
(d) audio and video recording and computer software
in the case of a contract for the copy of the packaging if the consumer is the packaging
e) the sale of newspapers, periodicals and periodicals
in the case of a contract;
f) for gaming contracts.
Possible issues for understanding the right of withdrawal
When can we exercise the right of withdrawal?
Can we think about it and go back to shopping after receiving a product on the Internet?
Yes, 17/1999 on distance contracts. (Right of return of the product, return guarantee), and we may practice this right except for some exceptions (which can be found below):
- if the product is specifically manufactured according to our request and instructions (eg, we print your child's photo on a mug)
- for products that can not be returned for hygienic purposes (eg toothbrush, razor)
- for rapidly deteriorating products (eg non-durable food)
- CD, DVD, computer software if the packaging is opened (because we can easily copy it)
What is the right of withdrawal?
Right of withdrawal means that we can unilaterally withdraw from a contract concluded on the internet and, if the product is returned, we may require the merchant to refund the amount paid by us. The right of withdrawal compensates for the fact that we did not have the opportunity to examine, test or put into service before buying.
Should we justify our withdrawal from the contract?
No, if we withdraw from the contract, we are not obliged to explain the cause of the cancellation at the dealer's request. So we can exercise our right of withdrawal for a contract that is flawlessly functional and suitable for the intended use. Of course, in the majority of cases, withdrawal can be a cause for the fact that the product being delivered is not the same as we have imagined on the web site or for whatever reason does not meet our expectations. An important legal guarantee is that the seller can not be bound by any restrictions on the exercise of our right of withdrawal.
From which time can we exercise our right of withdrawal?
When ordering products (such as books, electronic items, etc.), the withdrawal period will begin after the receipt of the product and the use of the service (for example, on-line classified advertisements, cable-TV subscriptions ordered on the Internet).
What period of time can we exercise our right of withdrawal?
We may use our right of withdrawal within 14 days (calendar day!) From the date of conclusion of the contract and the receipt of the service. According to the general rules, the date of the contract is not included in the deadline for receipt of the product or service.
Let's take an example: If the product is delivered to us by a courier company on a Thursday day, the 14-day deadline will begin on Friday. Saturdays and Sundays are also a calendar day, therefore the weekend is included in the deadline for withdrawal.
Of course, we can withdraw from the contract at any time within the 14-day period, but we will decide upon the retention of the product or the possible return of the product after the receipt of the product, and after the use of the product, in order to determine its nature, property and functionality.
Do you also have to return the returned product to the seller within 14 days?
In the event of a withdrawal, we are required to return the product without delay but no later than 14 days from posting the notice to the company. So there is no expectation that a product will return to the business within 14 days.
Is it possible that the 14-day withdrawal period may be extended?
Yes, if the seller does not inform his potential buyers of the existence or absence of the right of withdrawal, the deadline and the terms and conditions for exercising this right, the deadline for withdrawal is until the consumer has been fully informed, but not more than 3 months after the starting date of the withdrawal period. extended. That is why it is important to provide ex-proof proof of the information available on the website (general contract terms, business rules) prior to the purchase.
How can we verify the date of receipt of the product?
The date of receipt of the product can be verified to the seller on the date of delivery on the invoice (receipt) attached to the product. It may be necessary to note that the actual delivery date of the product is later than the delivery date shown on the invoice, so the 14-day time-out period may be shorter than a few days. Unfortunately, smaller webshops often do not have an invoice (receipt) for the product, so it is advisable to request a copy of the receipt from the receipt at the receipt of the product or to postpone the actual day of receipt with the courier or postal employee.
Can we test whether we can use the product within the deadline for withdrawal?
Naturally yes, since this is precisely the right of withdrawal to make sure that the product is fit for its intended purpose and meets our individual usage goals within 14 days, so the breakup of the packaging and the testing of the product will not lead to the loss of our right of withdrawal ( except for CDs and DVDs). As we have already mentioned, once we have decided that we do not need the product, we will not use it afterwards, so we can protect it so that we can get it back to the trader.
In what form should we disclose the withdrawal from the contract with the seller?
We may also express our intention to withdraw (by telephone), by post (via a valid letter of notice) and by e-mail, even if the trader excludes any form of exercise of the right of withdrawal in the general contract terms published on the website. For further verification, it is recommended that our statement of withdrawal be sent to the seller's e-mail address on the webshop website. Of course, if your business has a business space or after-sales service, our withdrawal statement can be handed in person and can be transferred back to the seller.
We will only return the product if the seller has not taken the product away from us, as otherwise the product will not be returned after returning the product and it is questionable whether the seller can repay the amount paid by us.
Can you require the seller to return the product in the original packaging and with the original documents (invoice) in case of a withdrawal?
No, such conditions may not make the seller dependent on the exercise of our right of withdrawal, but we recommend that you carefully dismantle the packaging of the product and keep it with the invoice and other documents (such as the warranty card) until the deadline for withdrawal expires.
What are the consequences of termination of the contract?
In the event of a withdrawal, the contract concluded on the internet will be terminated on the day of the contract conclusion, and therefore a situation should be created as if the consumer did not order the product in the online shop. This also means that the consumer is obliged to return the product at his own expense to the seller and the seller must return the total amount paid by the consumer within 30 days.
What costs should the consumer have to bear when terminating the contract?
That regulation clearly states that in the context of the withdrawal of the consumer only the costs of returning the product to the seller must be borne, so the product can not be given by cash or port. The seller can not impose a penalty payment or any monetary penalty on the consumer as a result of the cancellation. In this context, the charge for the free delivery of the product can not be charged to the consumer afterwards. The user may not be required to use the product for any intended use of the product and any possible depreciation of the product (scratches). However, if the product is not used properly, the seller may claim compensation for any defect, damage or depreciation of the product.
Is it the right of withdrawal for every internet contract?
No, because the regulation lists the cases in which we can not think of ourselves after receiving a product or contracting a service. Of course, we must know about the cases in which we can not exercise our right of withdrawal so that we can even consider this circumstance before we make our purchase decision.
Can an online retailer determine contractual terms that are less favorable to the consumer than the rules of the regulation?
No, since the rules of the regulation are more favorable to the consumer, they may be more favorable, for example by providing a withdrawal period longer than 14 days. In addition, the seller may also grant the right of withdrawal for products where otherwise the decree excludes the consumer from withdrawing from the contract.
When can we not exercise our right of withdrawal?
Which law sets out the circumstances in which we can not exercise the right of withdrawal after receiving the product?
These cases are also covered by Decree 17/1999 on Distance Contracts. (II.5) Government Decree (Regulation).
Can I recoup the purchase price for a product that has been specifically produced on my own request and based on my specific instructions?
No, because businesses are not obliged to take unconditional products that are bound to the consumer or are produced at the customer's specific instructions or express request. If we were to accept the right of withdrawal in these cases, it would become economically unrealistic because the trader would no longer be able to sell a unique product with value to the consumer who sold it to another buyer.
An example is when gift items, T-shirts, custom computer designs are produced on the basis of the individual wishes of the customer. Likewise, we can not exercise our right of withdrawal if we entrust the web store with the development of digital photographs we make or by creating custom software.
It is important to emphasize that this exception rule applies only to products customarily produced at the consumer's express request. The fact that the consumer, for example, supplies his own custom size data for a garment does not make the product bound to the consumer, since the garment has been manufactured earlier than at the consumer's express request. Also, a computer, notebook, or computer assembled with a custom configuration is not considered as a consumer, since it can be dismantled and re-assembled without compromising on the components of this product and sold to a new customer.
In what other cases does the regulation not grant the right of withdrawal?
In the case of a contract for the provision of services, we can not exercise our right of withdrawal if, before the expiration of the eight working day deadline, the Seller has started the execution with our explicit consent and consent. Therefore, we can not exercise our right of withdrawal if, pursuant to our prior consent, the establishment of the service site and the activation of the service (the start of the broadcasting) on the internet (eg cable television) and internet access contract will take place within 14 days of the conclusion of the contract.
The consumer can not exercise his right of withdrawal even if the price of the product or the service charge depends on the fluctuation of the money market by the seller. Examples include household fuel oil and other oil derivatives as well as precious metal jewelery. It is important that this exception does not fall under the likelihood of price fluctuations resulting from changes in national currencies.
In the case of a contract for the purchase of a newsletter and a magazine, the seller is also not expected to repurchase any publications that are already up-to-date with the repayment of the purchase price.
Do we have a right of withdrawal if we buy a product online for auctions and auctions?
No, because the auction is a special, speculative kind of luck that would lose its meaning if, after paying the "bet price", we could still think about it. Of course, in the so-called fixed-price auctions (when the purchase price is predetermined and no bidding is made) we can exercise our right of withdrawal under the general rules.
In the case of exceptions to the exercise of the right of withdrawal, the seller may have the right to provide consumers with this right?
Yes, but since online retailers are not bound by law, this discount can only be made on a voluntary or individual basis for their free business decision.
Can I use the right of withdrawal within 14 days after the purchase?
If you take the product personally in one of our shops, then you will not be able to do so because you can personally make sure you are able to personally know the technical parameters and properties of the product you want to buy, so your rights to make decisions are not limited; or online ordering is not a purchase, just a booking , which is why we are ordering you the product and purchased it personally in our shop.