Consumer Rights Directive, Chapter 3, Article 16, (e)

Jabra Step Wireless Multi-point Bluetooth stereo headphones are not goods for which the right to withdraw from a distance contract cannot be exercised for reasons of hygiene and health protection.

The Consumer Protection Commission has imposed a property sanction on a trader who has refused to return money to a consumer with the right to withdraw from a contract for an online purchase exercised in time and in due course. The user has purchased a Jabra Step Wireless Multi-point Bluetooth stereo headset. After receiving them, he found that they did not correspond with what is described on the site and filed an application to withdraw from the contract, returning the headphones back to the dealer. However, the trader refused to return the money, citing that the headphones were unpacked and that their return was unacceptable from a hygiene and health protection point of view.

Do the Bluetooth stereo Jabra Step Wireless Multi-point headphones fall under the definition of Art. 57, item 5 of the Consumer Protection Act / Art. 16 (f) of Directive 2011/83/?

The Administrative Court considers that in the stated factual situation, the CPC correctly accepted that the trader had violated the law by refusing to return to the consumer the price of the purchased headphones, for which the right to withdraw from the contract concluded online was exercised. The Administrative Court considers that in this case there is no exception to Art. 57, item 5 of the Consumer Protection Act / Art. 16 (f) of Directive 2011/83 /, as headphones are not a product that cannot be returned after unpacking due to a risk to hygiene and health protection.

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Няма налични резултати

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Shumen Administrative Court upheld the decision of the district court, which confirmed the penal decree of the Consumer Protection Commission.