Withdrawal rights
Introduction
Withdrawal period
The right of withdrawal in distance and off-premises contracts
In principle, consumers have 14 calendar days to withdraw from distance or off-premises contracts.
Exceptions
- (Urgent) services that have already been provided with the prior express consent of the consumer,
- goods and services subject to short-term, significant and uncontrollable price fluctuations, such as precious metals or wines sold before harvest,
- customised goods that are manufactured or prepared specifically for a consumer,
- perishable goods that rapidly go out-of-date, or that are rendered unusable for hygiene reasons after opening, such as food, newspapers, hygiene and beauty products, etc.,
- recordings, videos and software that have already been unsealed or downloaded by the consumer,
- purchases at public auctions,
- fixed-date services such as accommodation, transport of goods, vehicle rentals, and
- entrance fees for leisure events, etc.
Duty to inform
Professionals must inform consumers of whether or not they are entitled to withdraw from the contract, and if so, the conditions and arrangements in place to exercise this right (i.e. the withdrawal period, starting point of the period, etc.).
Extension of the period
Should a professional not provide this information before the conclusion of the contract, the withdrawal period shall be extended by 12 months from the expiry of the initial withdrawal period.
If, during that period, the professional provides the customer with the information required by law, a new 14-day period shall run from the date on which the consumer receives that information.
Effects and limitations of the right
The exercise of the right of withdrawal shall lead to the cancellation of the contract in question.
At present, consumers do not have the right of withdrawal in the case of most purchases made at trade fairs.
