According to art. 7:46i BW, the term within which consumers can terminate the contract begins from the date of conclusion of the agreement. In this case, the consumer received the modem after the term and the modem had to be connected to the network before the consumer could use it. Only then could the consumer assess whether he/she would like to use this service.
According to the court, this is not consistent with the idea of the Directive. The idea behind the term for reflection is that consumers who are unable to actually view and assess the product or to know the nature of the service must be able to assess whether the product or the service meets its expectations and, if not, dissolve the agreement within a reasonable period of time.
Therefore, it seems to be more in line with the idea of the Directive to start the period when the consumer has granted access to its network.
URL: http://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBARN:2010:BN0733
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