Maybe more than once it has been questioned whether the consumer has the right to withdraw from a contract. Yes, you are entitled at law or regulation assumptions and when it is recognized in the offer, promotion or publicity or in the contract provided.
But let’s look more specifically what is it and on what does the right of withdrawal consist?
This right is the right of the consumer to rescind the contract concluded, notifying the other party to the deadline for exercising this right, without having to justify its decision and without penalty.
Also keep in mind when is it recognized the right of withdrawal for the consumer or user?
In general, in cases where a law recognizes it. In contracts where there is no simultaneous physical presence of the contracting parties, as can be purchased from distance, on internet shopping or shopping outside of business premises.
But as in every action, there are always exceptions. Exceptions to the right of withdrawal will occur in the following cases:
– Contract for supply of goods whose price is subject to fluctuations in the financial market that the seller can not control.
– Contract for the supply of goods made to the consumer’s specifications or clearly personalized or which by their nature can not be returned or are liable to deteriorate or expire rapidly.
- a) Contracts for the supply of audio or video tapes, discs and software they had been unsealed by the consumer, as well as computer files, provided electronically, that can be downloaded or reproduced with immediate effect for its permanent use.
- b) Contract for the supply of daily newspapers, periodic publishments and magazines
However, you should know that this withdrawal may occur by any lawful means, so it needs no other formality. In any case worth to refer the document completed withdrawal or return the products we received the consumer.
The period for exercising this right is seven business days and is the law of the place where the consumer fixing the computation of working days shall run from the time of receipt of goods.
This and many other questions about this issue of withdrawal for consumers and users can be resolved for you by our team of lawyers specializing in legal and labor issues, Daemi Zabalza & Associates.