• Uppgifter om ärendet
    • Nationellt id-nummer: 1102/33/2015
    • Medlemsstat: Finland
    • Vedertaget namn:Kuluttajariitalautakunnan ratkaisu
    • Beslutstyp: Annat
    • Beslutsdatum: 16/11/2015
    • Domstol: Kuluttajariitalautakunta
    • Ämne:
    • Kärande: B
    • Svarande: P Oy (Ltd)
    • Nyckelord: cancellation of contract, internet, public auction, terms and conditions
  • Direktivartiklar
    Consumer Rights Directive, Chapter 3, Article 9, 1.
  • Huvudanmärkning
    A consumer is not required to pay damages when withdrawing from a distance sales contract. The exception provided for auctions only applies to distance sales which can also be attended in person but does not cover sales which can only be attended online.
  • Omständigheter
    The Plaintiff had bought a van from the defendant through the huutokauppa.com internet site. When placing the offer, the plaintiff had not noticed that value added tax would be added to the purchase price. Conseuquently, the plaintiff cancelled the deal within 14 days of the sale.

    The plaintiff had read and been aware of the rules of the auction from which it became apparent that the payment for damages when cancelling a binding deal amounts to 15 percent of the purchase price, however at least EUR 300. Therefore, the dedendant maintained that the plaintiff should pay 600 Euros with penalty interest as damages.
  • Juridisk fråga
    Is a consumer required to pay damages stipulated by contract when exercising the right to withdraw from a distance sales contract? Does the exception provided for auctions apply to distant sales which can only be attended online?
  • Beslut

    According to chapter 6 section 14 of the Consumer Protection Act, the consumer has a right to cancel an off-premise or distance sales contract by notifying the trader within 14 days from concluding the contract. According to the preparatory works (157/2013) of the Consumer Protection Act, no justifications are needed for using this right. According to chapter 6 section 16 subsection 10, unless agreed otherwise, the consumer does not have the right to cancel, as set forth in section 14, in auctions if the consumer could have participated in the auction also in other ways than by a distance communication medium. According to the preparatory works, the said restriction only applies to traditional auctions where consumers can also participate personally on the spot. According to chapter 6 section 5, a contract that deviates from the provisions of said chapter to the detriment of the consumer is void, unless regulated otherwise.

    In the case before the Consumer Disputes Board, the trading center operated only online and consumers could only participate in the auction electronically. The defendant's contractual stipulation differed from the standard required by law to the detriment of the plaintiff. Therefore, the plaintiff had the right to withdraw from the contract.

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  • Ärendesamband

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  • Doktrin

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  • Resultat
    The Consumer Disputes Board recommended that the defendant waives collecting the disputed invoice of EUR 600 from the plaintiff.