Right of withdrawal
Unless the agreement is exempt from the right of cancellation, the buyer can cancel the purchase of the goods in accordance with the Right of Cancellation Act.
The buyer must notify the seller of using the right of withdrawal within 14 days of the deadline starting to run. The deadline includes all calendar days. If the deadline ends on a Saturday, holiday or bank holiday, the deadline is extended to the nearest working day.
The withdrawal period is deemed to have been met if notification is sent before the end of the period. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be made in writing (right of withdrawal form, e-mail or letter).
The cancellation period starts to run:
When purchasing individual items, the cancellation period will run from the day after the item(s) have been received.
If a subscription is sold, or the agreement involves regular delivery of identical goods, the deadline runs from the day after the first shipment is received.
If the purchase consists of several deliveries, the cancellation period will run from the day after the last delivery has been received.
The withdrawal period is extended to 12 months after the end of the original period if the seller does not inform the seller before the conclusion of the agreement that there is a right of withdrawal and a standardized withdrawal form. The same applies in the event of a lack of information on terms, deadlines and procedures for using the right of withdrawal. If the trader makes sure to provide the information during these 12 months, the cancellation period still expires 14 days after the day the buyer received the information.
When using the right of withdrawal, the goods must be returned to the seller without undue delay and no later than 14 days from the notification of the use of the right of withdrawal being given. The buyer covers the direct costs of returning the item, unless otherwise agreed or the seller has failed to state that the buyer must cover the return costs. The seller cannot set a fee for the buyer's use of the right of withdrawal.
The buyer can try or test the goods in a proper way to determine the nature, properties and function of the goods, without the right of withdrawal being lost. If the examination or testing of the goods goes beyond what is reasonable and necessary, the buyer may be held liable for any reduced value of the goods.
The seller is obliged to repay the purchase price to the buyer without undue delay, and no later than 14 days from the seller receiving notification of the buyer's decision to exercise the right of withdrawal. The seller has the right to withhold payment until he has received the goods from the buyer, or until the buyer has submitted documentation that the goods have been sent back.