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Case Details

Case Details
National ID link
Member State Slovenia
Common Name link
Decision type Court decision in appeal
Decision date 22/06/2015
Court Higher court in Ljubljana
Subject
Plaintiff Unknown
Defendant Unknown
Keywords B2C, distance contracting, Distance Selling Directive, goods

Distance Selling Directive, link

The excessive use of goods purchased via internet, does not preclude the right of withdrawal. It only gives rise to the seller's potential claim for a compensation for the use of goods, if the goods were used in a manner which is not compatible with the principles of law of obligations.
The consumer purchased a camera, a bag and a memory card online and exercised his right of withdrawal within the appropriate time limit. The seller refused to refund his purchase on the grounds that the consumer used the items excessively.
The excessive use of goods purchased via internet does not preclude the right of withdrawal. It only gives rise to the seller's potential claim for a compensation for the use of goods, if the goods were used in a manner which is not compatible with the principles of law of obligations.
Does the excessive use of purchased goods preclude the consumer's right of withdrawal?
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The plaintiff's request was denied.