In online purchases via ecommerce website and in all other contracts concluded at a distance there is a right of withdrawal for the consumer. The consumer can cancel his order within ten working days from the delivery of the goods (which, depending on the States, reaches up to 14 days). If the consumer has not been informed by the seller of the possibility of exercising that right, the period shall be extended to three months from the delivery of the goods.
Within ten days, three months respectively, the consumer can withdraw from the contract without giving any explanation and without the payment of penalty. The withdrawal must be communicated to the supplier by registered letter with acknowledgement of receipt.
If the withdrawal is communicated to the supplier by fax, it must be confirmed within 48 hours of sending the fax by registered letter.
The return of the goods does not automatically entail a valid right of withdrawal from the contract, unless this possibility has been expressly provided for by the parties in the contract. The cost of returning the goods shall be borne by the consumer, if the contract so provides. Otherwise, the seller shall bear the cost.
Cases of exclusion
Article 59 of the Consumer Code indicates for which goods the right of withdrawal is excluded. In particular, this right shall be excluded for the supply of goods:
- Custom made or clearly customized.
- That risk deteriorating or expire quickly.
- Sealed, which do not lend themselves to being returned for reasons of hygiene or health protection and were opened after delivery.