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Case Details

Case Details
National ID Decision no. 236/2016
Member State Romania
Common Name link
Decision type Court decision in appeal
Decision date 26/05/2016
Court Galați Tribunal
Subject
Plaintiff Unknown
Defendant Unknown
Keywords health and safety, price, refund, right of withdrawal

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

The seller does not have the right to refuse the refunding of the price of the returned products, even if they are deteriorated, since no objection was made by the seller at the moment of receiving the returned products.
The plaintiff and the defendant concluded a sale-purchase agreement. By notification, the plaintiff expressed his intention to terminate the agreement, within the 14 days specified in the contract. His decision was motivated by the fact that the use of the product affected his health.
The plaintiff personally delivered the product to the seller, as ascertained in the minutes drafted on this occasion.
The defendant claimed that the condition of the goods received did not meet the rigors of hygiene, showed traces of use and deterioration, the original packaging was unsealed and, thus making the re-sale impossible.
The goods were taken under signature by a representative of the defendant, and at that time, no objections were made regarding their condition.
The court held that the plaintiff is entitled, under the terms of the contract, to return the purchased products, without justifying his decision, within 14 days from the purchase, and also has the right to be refunded the advance payment. Moreover, the defendant is responsible for receiving the goods without performing an immediate verification of their integrity.
Does the seller have the right to refuse the refunding of the price in case no objections were made regarding the condition of the product when the buyer returned the product?
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The plaintiff`s appeal was rejected.