As a consumer, can we change our mind and withdraw from our purchase after receiving the product ordered over the Internet?
Yes, Decree 45/2014 on the detailed rules of consumer-business contracts (II. 26.), we have the right of withdrawal (right of return of the product, guarantee of return) in case of online purchase and we may exercise this right in all but a few exceptions.
What is the Right of Withdrawal?
The right of withdrawal means that you can unilaterally withdraw from a contract concluded on the Internet by lawful authorization and, upon return of the product, claim the refund of the amount paid by the merchant. The right of withdrawal compensates for the fact that before the purchase we did not have the opportunity to examine and test the product, and that we can only rely on information unilaterally determined by the seller prior to purchase.
Do we have a right of withdrawal even when shopping from abroad?
Yes, if we buy from any Member State of the European Union, we have a uniform right of withdrawal as a result of EU harmonization. It is important to know that Directive 2011/83 / EU of the European Parliament and of the Council on consumer rights was adopted in 2011, one of the major innovations being that the withdrawal period has been increased uniformly from 14 in the European Union to 14 calendar days. Accordingly, the above-mentioned 45/2014. (II.26.) Of the Government of the Republic of Hungary also sets a deadline of 14 calendar days for the right of withdrawal of the consumer.
Within what period can we exercise our right of withdrawal?
We have 14 calendar days from the date of receipt of the product and the date of conclusion of the contract to use the service. As a general rule, the 14-day time limit does not include the date of receipt of the product or the date of conclusion of the contract in the case of services.
Let's look at an example: If the product is delivered to us by a courier on a Thursday, the 14-day withdrawal period begins on Friday. Saturday and Sunday are calendar days, so these days must be included in the withdrawal period. As a result, the 14-day time limit expires on Thursday, 24 hours of the week following the week of delivery.
Of course, we may terminate the contract at any time within the 14-day period, but as a general rule of good faith and integrity, we will immediately decide to retain or return the product upon receipt, after trial, trial, examination and confirmation of fitness for proper use. If we do not do this, we will have to pay for the depreciation caused.
Do I have to return the product to the seller within 14 days?
The product must be returned promptly, but no later than 14 days after notice of withdrawal, but a 14-day deadline does not mean that the returned product must arrive within 14 days, but is sufficient to express our intention to withdraw from the seller within 14 days.
How can we prove the date of receipt of the product?
We can confirm the date of receipt of the product to the seller based primarily on the date of delivery on the invoice (receipt) attached to the product. Therefore, please note that the date of actual receipt of the product is later than the date of delivery on the invoice, so the 14-day withdrawal period may be shortened by a few days.
Can we try and use the product during the withdrawal period?
954/5000Of course, yes, since this is the very essence of the right of withdrawal, to ensure that the product is fit for its intended use and fulfills our individual use purposes within the 14 day period, so opening the packaging and trying it out does not invalidate our right of withdrawal ( except in the case of sealed packaging for health care, hygiene products, audio, video and computer software). However, once we have decided that we do not need the product and will not use it anymore, protect it to the best of our ability by returning it to the dealer, as we are responsible to the seller for depreciation beyond use to determine the product's properties and performance, and shall be reimbursed unless the seller has failed to inform the consumer of our obligation to do so.
What form do we need to give to the seller about our withdrawal?
Our intention to withdraw may be expressed verbally (by telephone), by post (preferably by return receipt), by e-mail, or by using the standard form in the appendix to the relevant Government Decree, even if the trader terms. If the company allows us to announce our intention to withdraw via its website (eg via an online notification form), then the company must promptly acknowledge receipt of our statement on a durable medium (eg via email). For subsequent verification, it is recommended that our notice of cancellation be sent primarily to the seller via the email address posted on the webstore's website. Of course, if the business has a business premises or after-sales service, we can hand over our cancellation statement personally and collect it with the seller in a certified manner. In our notice of cancellation, make sure to exercise your right of cancellation under applicable law, and not our warranties or warranties in respect of defective performance, which apply to internet commerce.
How the refund is made?
The business shall reimburse the amount in the same way as the payment method used by the consumer unless the consumer has explicitly agreed to use another form of payment for the refund. However, it is important to know that as a result the consumer should not be charged any additional fees.
What is a Right of Retention?
In the event of consumer withdrawal, the business may withhold the amount to be reimbursed to the consumer until the consumer returns the product. It is recommended that you send a copy of the product return document to the cpmpany immediately so the company should arrange for a refund of the amount paid for the product as soon as possible.
When is a company not entitled to withhold?
The company cannot withhold the amount to be reimbursed to the consumer if it has undertaken to return the product itself, it is not the consumer who is responsible for returning the product
Do you have a right of withdrawal for every online contract?
No, the regulation lists in detail and exhaustively the situations in which we cannot think of ourselves after receiving the product or concluding a service contract. We must be aware of the cases where we cannot exercise our right of withdrawal before we can consider this circumstance before making our purchase decision.
What is the Right of Termination?
If, after placing an order, the business is explicitly requested to begin the performance of the service contract before the end of the fourteen-day cancellation period and thereafter commence, the consumer shall have the right of cancellation rather than cancellation. In this case, depending on the value of the service already provided, we are entitled to a proportionate refund of the amount paid.
Source: European Consumer Center
