Consumer Rights Directive, Chapter 3, Article 10 Consumer Rights Directive, Chapter 3, Article 11, 1., (a) Consumer Rights Directive, Chapter 3, Article 11, 1., (b) Consumer Rights Directive, Chapter 3, Article 11, 2.

ECLI:RO:TBARD:2019:035

An off-premises contract cannot be terminated when the consumer (who was informed about their rights) sends the withdrawal notice more than 14 days after receiving the goods.

A consumer brought court proceedings against the seller regarding an off-premises contract, asking the Court to declare that they had exercised validly their right of withdrawal. The Court in first instance rejected its claim and the consumer brought an appeal, alleging that since they had not received  the model withdrawal form from the buyer, they are entitled to benefit from the 1-year term for withdrawing.

When a professional fails to respect their obligation of making available to the consumer the model withdrawal form,  may the consumer benefit  from a 12-month period for withdrawal?

The Court stated that, according to the legal provisions, to exercise  their right of withdrawal, the consumer may use the form provided by law, but  may also notify the seller of their decision to withdraw by any unequivocal statement. the Court considered that it is not mandatory for the professional to make the model withdrawal form available to the consumer.

Since the contract signed by the consumer clearly stipulated a term of 14 days for the withdrawal, which must be done in writing,  art. 10 was considered inapplicable. In addition, because the withdrawal letter was sent more than a month after the reception of the goods, the Court rejected the consumer’s claim.

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The judgement discussed and clarified the requirements necessary to  exercise the withdrawal right. The Court rejected the appeal brought by the consumer. The judgment may be challenged with a recourse.