Consumer rights in case of concluding a distance contract
In the conditions of a pandemic and transition of all spheres of our life to an online format, infringements of the rights of consumers at the conclusion of contracts at distance became especially frequent.
Every consumer should know what rights he has as a consumer and what needs to be done to protect them.
1. The right to information about a product or service under a distance contract.
Even before concluding the contract, the seller must provide the consumer with information (in writing or by e-mail) about:
1) the name of the seller, its location and the procedure for accepting the claim;
2) the main characteristics of the product;
3) price, including delivery fee, and payment terms;
4) warranty obligations and other services related to the maintenance or repair of products;
5) other terms of delivery or performance of the contract;
6) the minimum duration of the contract, if it provides for periodic deliveries of products or services;
7) the cost of telecommunications services, if it differs from the marginal tariff;
8) the period of acceptance of proposals;
9) the procedure for terminating the contract.
Exception: Confirmation of information is not required if the service is provided by means of remote communication and is paid through the telecommunications service operator.
2. The right to terminate a distance contract.
The consumer may unilaterally terminate the contract if he notifies the seller within 14 days (from the moment of confirmation of information / receipt of goods / conclusion of the contract).
If the seller has not provided proper information about the goods, the period during which the consumer has the right to terminate the contract is 90 days from receipt of such information, or in the case of sale of tangible items - from receipt of the goods or first delivery. If during this period the confirmation of the information was corrected, the consumer has the right to terminate the contract within 14 days from the date of receipt of the corrected confirmation.
Exceptions when the consumer cannot terminate the distance contract:
1) the provision of services or delivery of goods by electronic means of communication with the consent of the consumer occurred before the expiration of the contract specified in part four of this article, which the consumer was notified in confirmation of the information;
2) the price of goods or services depends on quotations in the financial market, ie outside the control of the seller;
3) the contract relates to the manufacture or processing of goods to order of the consumer, ie if the goods can not be sold to others or can be sold only with significant financial losses for the seller (performer);
4) the consumer has opened an audio or video cassette or computer media, which are supplied sealed;
5) the contract relates to the delivery of periodicals, 6) the contract relates to lotteries or other games of chance.
3. The right to timely receipt of goods.
As a general rule (ie unless otherwise provided by the contract), the seller must deliver the goods to the consumer within a reasonable period, but not later than thirty days from the date of receipt of the consumer's consent to the conclusion of the contract.
In case of impossibility to perform the contract due to the absence of the ordered goods, the seller must immediately notify the consumer, but not later than thirty days from the date of receipt of the consumer's consent to enter into the contract.
4. The right to return the goods.
The consumer has the right to return the goods and get their money back, provided that the state products were kept unchanged. In this case, you must notify the seller (performer) of the place where the products can be returned.
Attention: Any costs associated with the return of products are borne by the seller. In case of termination of the contract, if the seller does not take measures to return it to himself within 60 days of receipt, the goods become the property of the consumer without payment.
Importantly! These consumer protection provisions do not apply to all distance contracts. Exceptions are agreements relating to:
1) transactions with real estate, except for the lease of such property;
2) transactions with securities;
3) financial services;
4) sale of goods by vending machines;
5) telecommunication services;
6) transactions made at the auction, if participation in it is possible without the use of remote communication.
Questions? Contact our lawyers in a way that is convenient for you:
1. Write your question in the CHAT (at the bottom of the page)
2. Call our contact number +380677752277
3. Come to our office (by appointment) at: pl. Solomianska, 2, office 801.