Withdrawal from the contract

26/11/2015

How to understand the withdrawal from the contract contained on the distance?

Withdrawal from the contract one ought to understand as the client’s right to returns goods in the on-line store. Return of Goods, this means that the contract was involid.

When the customer has the right to withdrawal from a distance contract?

Normally the consumer has 14 days on the withdrawal from the contract which concluded on the distance (or outside premises of the enterprise). This term is counted, in case of shopping accomplished in the on-line store, from the date of receipt of the goods.

Why is the deadline for withdrawal from the contract is 14 days?

To the customer has 14 days on the consideration or the purchase is just whether comparative possibilities of prices of similar goods or services commercially available.

If the salesman will not inform the Customer about the right of the withdrawal from the contract during 14 days from the receipt of the product, this time will lengthen until 12 months

Example: The customer bought the goods within a period of before a Christmas and then wants to return it, and during the composition of the order on the side of the on-line store did not appear the information that the customer had the right refundable bought goods within 14 days. The right of the customer refundable the goods will undergo change from 14 days on 12 months. Seller will have to return the received amount, because the customer was not informed by the Seller about the right of the withdrawal from the contract.

How to keep a 14 day term?

It is enough that the consumer will send declarations in written form whether electronic before the lapse of this term. The declaration of the consumer need not indicate reasons of the withdrawal.

What informational, duties has the seller?

After the changes of the law, concerning i.a. online shops , which came into force after 25 December of the year 2014 , the seller comply with the new informational duties in relation to customers. It is not only a form of the return of the goods, but for changes regulations concerning rights of withdrawal, the information on deliveries, payments, the complaint and many other. The shop should have also the correct privacy policy, the information on the subject cookies as well as protect personal data of every customer.

When does the Customer not have a return privilege of the goods?

The customer in some cases, does not have the right to return the goods. And so, this right is not entitled to the customer in the reference i.a. to:

  1. purchase of gold at the exchange, because in such contract the price be the salary depends on hesitations on the financial market over which the Seller cannot conduct an inspection,
  2. purchase a suit tailor-made, because the goods is produced according to the wish of the customer and satisfies his individualised needs,
  3. urchase of the yoghourt in the on-line store, because the yoghourt surrenders to the quick damage or has a short date of the usefulness,
  4. because lenses are delivered in the protected packaging which after the opening of the packaging is not allowed to return due to the health protection or from hygienic favour,
  5. purchase of the film DVD and its opening, because this are sound records or visual or computer programmes delivered in sealed packaging,
  6. purchase of a ticket on the concert, if on the ticket is the appointed day or the period of the benefit of such service,
  7. purchase contained in the way of the public auction; the attention - this exception does not include auctionary services of the type Allegro.

Above-exceptions apply, regardless of whether they have been included in the regulations of the on-line store. However, the Law about Consumer Rights imposes an obligation and it is proper these exceptions to contain in regulations of the store.

Who bears the cost of returning the goods?

The customer returning the goods purchased in the on-line store does not bear any negative financial consequences. The only exception is the obligation to bear the cost of returning the goods, but in certain situations, these costs will have to pay the seller.

They may be two different situations where the cost of returning the goods, the seller will bear himself or the customer.

The costs shall be borne by the seller – if the return the goods due to the receipt of benefits replacement by the customer, that is for example, dress in a different colours.

The consumer bears the charges – if the return of the goods is caused an authorization of the consumer to the reflection. In this situation the customer receives the conforming goods with the order, however on second thoughts the consumer makes up his mind on his return.

When the cost of returning the goods will pay the seller?

  1. Seller covers the costs of returning the goods only if the return is due to the receipt of goods similar but different from the ordered by the customer
  2. The seller covers the costs of returning the goods if the seller has agreed to bear these costs.
  3. The seller shall bear costs of returning the goods if the seller did not inform the customer of having to pay his costs of returning the goods
  4. The seller shall bear costs of returning the goods if the seller did not inform the customer about the way and the date of completion of the return privilege of the goods, and also about the design of the form of the withdrawal from the contract

Who bears the cost of returning the goods if the customer chose the option of the delivery more expensive than the cheapest available on the site?

If the chosen method of delivery is other than cheapest on the website then the customer bears the additional cost. For example, when the customer had at choice such options of the delivery of goods as: the registered letter 10 zloty, the courier 25 zloty, this the seller returns him the cost in the height 10 zloty (that is cheapest from proposed options). An additional cost of the customer will be 15 zloty.

Who bears the cost of returning goods if a customer used the goods?

In this situation the customer bears responsibility for the use of the goods. This means that the customer has the right to assess and to check the goods, but only in this way, in which it can do in the stationary store, that is try on, to check whether is unimpaired. The customer can not wear dress and go out for family celebrations whether wash the thing in the washing machine, because this reduces the value of the goods, Seller has the right to compensate. Seller has the right to reduce the value of the purchased items and pay less value than the purchase price of the goods.

Nadia Kamieniecka-Nowak Good law – in simple words