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Case Details

Case Details
National ID no of protocol 29962
Member State Greece
Common Name link
Decision type Other
Decision date 04/10/2016
Court Ombudsman of the Consumer
Subject
Plaintiff Unknown
Defendant Unknown
Keywords distance contracting, goods, packaging, product characteristics, right of withdrawal

Consumer Rights Directive, Chapter 3, Article 13, 1. Consumer Rights Directive, Chapter 3, Article 14, 2.

The consumer should in principle be able to open the packaging in order to examine the goods, in the event similar goods usually appear without packaging at the stores.
The plaintiff lodged a complaint before the Ombudsman of the Consumer asking to receive back the money paid for the purchase of six chairs after having exercised the right of withdrawal from the distance sales contract.
The Court held that the potential examination/handling of the goods from the consumer does not deprive the consumer from his/her right of withdrawal on condition that this examination is necessary to inspect the nature, the characteristics and the functioning of the goods to the same extent as he/she would have done in a physical store.
Is the consumer still entitled to exercise the right of withdrawal from a distance sales contract when he/she has opened the packaging to examine the goods?
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The court recommended to the defendant to immediately return any amount paid by the plaintiff including all delivery costs and to notify in writing, whether it accepts the present written recommendation (plaintiff’s request was granted).