Case law

  • Case Details
    • National ID: link
    • Member State: Slovenia
    • Common Name:link
    • Decision type: Court decision in appeal
    • Decision date: 20/11/2013
    • Court: Administrative court
    • Subject:
    • Plaintiff: Unknown
    • Defendant: The Market Inspectorate of the Republic of Slovenia
    • Keywords: B2C, doorstep selling, right of withdrawal
  • Directive Articles
    Doorstep Selling Directive, link
  • Headnote
    The time limit to exercise the right of withdrawal within 14 days of acquisition of goods does not preclude the consumer from withdrawing before the acquisition of goods under the same terms. An agreed damages clause in a consumer contract that requires the consumer to pay a sum of money to exercise his right of withdrawal is an unfair contract term and is invalid.
  • Facts
    The plaintiff is a door-step seller of high-end kitchenware. The contract terms included a provision that the consumer may withdraw from the contract within 14 days freely, but any withdrawal after 14 days from signing the contract is subject to liquidated damages of 25% of the purchase price. The proceedings before the Market Inspectorate were started by a consumer who conluded a contract with the seller to pay EUR 2,200 over 24 months and the seller would provide the kitchenware within 28 days after the payment had been settled in full. The consumer withdrew from the contract 50 days after the contract was formed. The seller held her liable for 25% of the full price (approx. EUR 550).
  • Legal issue
    The Consumer Protection Act provides the final time limit to withdraw from the contract and it is not to be interpreted to prevent the consumer to withdraw from the contract before acquisition of goods. Any provision which required the consumer to pay any amount to exercise his right of withdrawal is an unfair contract term and a breach of the Consumer Protection Act.
  • Decision

    Does the Consumer Protection Act allow the consumer to exercise the right of withdrawal from a contract before acquiring the goods?


    Full text: Full text

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  • Result
    The plaintiff's request was denied.