Detalles del asunto

Detalles del asunto
ID nacional AP de Málaga (Sección 4ª) Sentencia núm. 337/2009 de 30 junio
Estado miembro España
Denominación común link
Tipo de resolución Resolución judicial recurrida
Fecha de la resolución 30/06/2009
Órgano jurisdiccional Audiencia Provincial de Málaga
Demandado Unknown
Palabras clave right of withdrawal, terms and conditions, terms & conditions

Distance Selling Directive, link

The withdrawal term must be counted as from the moment where the consumer effectively receives the product, regardless whether this is the purchase moment or a latter one.
The plaintiff purchased a TV. When the TV was delivered, he detected that it was defective. He claim in front of the seller and, per the latter's indications, also in front of the manufacturer (the defendants). The manufacturer delivered a new TV to the consumer (the plaintiff). However, it was a different model and price TV that did not satisfied the defendant, who decided to reject the product.
What is the right moment to start counting the withdrawal right term?
Calculation of the right of withdrawal's term. The concept of effective receipt by the consumer.
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The court ruled in favour of the plaintiff. As a consequence, the defendants were ordered to return the price to the purchaser and to pick the TV up from the plaintiff's domicile at their expense.