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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