8. Right of Withdrawal
Unless the agreement is exempt from the right of withdrawal, the buyer can withdraw from the purchase of the item in accordance with the Right of Withdrawal Act.
The buyer must give the seller notice of use of the right of withdrawal within 14 days from the deadline starting to run. All calendar days are included in the deadline. If the deadline ends on a Saturday, public holiday or holiday, the deadline is extended to the nearest working day.
The withdrawal period is considered to have been met if notification has been sent before the expiry of the deadline. The buyer has the burden of proof that the right of withdrawal has been exercised, and the notification should therefore be in writing (withdrawal form, e-mail or letter).
The withdrawal period begins to run from the date the buyer received the item.
When purchasing individual items, the withdrawal period will run from the day after the item(s) is 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 withdrawal period will run from the day after the last delivery is received.
The withdrawal period is extended to 12 months after the expiry of the original deadline if the seller does not, before the agreement is entered into, provide information that there is a right of withdrawal and a standardised withdrawal form. The same applies in the event of missing information about conditions, deadlines and procedures for using the right of withdrawal. If the trader provides the information during these 12 months, the withdrawal period will nevertheless expire 14 days after the day the buyer received the information.
When using the right of withdrawal, the item must be returned to the seller without undue delay and no later than 14 days from notification of 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 provide information that the buyer shall 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 item in a responsible manner to determine the item’s nature, properties and function, without the right of withdrawal lapsing. If trying or testing the item goes beyond what is reasonable and necessary, the buyer may be liable for any reduced value of the item.
The seller is obliged to repay the purchase amount to the buyer without undue delay, and no later than 14 days from the seller receiving notification of the buyer’s decision to use 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.