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Case Details

Case Details
National ID Decision no. 375/2016
Member State Romania
Common Name link
Decision type Court decision in appeal
Decision date 13/04/2016
Court Sibiu Tribunal
Subject
Plaintiff Unknown
Defendant Unknown
Keywords price, refund, right of withdrawal

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

The seller has to bear the delivery costs and to pay legal interest to the principal amount, calculated from the date of receipt of the returned product until the date of the refund.
After viewing the sale advertisements displayed on the defendant's website, the plaintiff ordered an espresso maker. It was sent by express mail and paid on delivery.
Since the product was found to be inadequate, being faulty and not running properly, the plaintiff sought to unilaterally terminate the contract and notified the defendant of this. Moreover, the plaintiff sought interests for the period of time from the return of the product until the refund.
The court ordered the defendant to bear the delivery costs and to pay legal interest to the principal amount, calculated from the date of receipt of the returned product until the date of the refund.
Is the seller bound to bear the delivery costs and to pay legal interest to the principal amount from the date of receipt of the returned product until the date of the refund ?
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The plaintiff`s appeal was rejected.