1.The court stated that the legal right of withdrawal is only provided by the Spanish Consumer Protection Act for distance, off-premises and package travel contracts. However, it can be (and normally is) granted by the trader in other contracts. Where the trader does not grant this right to the consumer in an agreement, said consumer shall not have the right to withdraw from the contract, unless it is provided for by a law. As a consequence, since the contractual right of withdrawal depends upon the will of the parties, the contract can establish a period for exercising that right which is shorter than the legal term for the legal right of withdrawal.
2. The court clarified that the duty to inform the consumer on the right of withdrawal only applies to those cases where such right is granted by a legal provision, i.e. in a consumer contract concluded in the premises of the trader; since there is no legal right of withdrawal, there is no obligation of prior information either.