Visit fondia.com
The content concerns Finnish legislation.
 

Consumer’s Right of Withdrawal

The seller must inform the consumer of his/her right of withdrawal and the conditions, time limit and procedures for exercising this right as a part of the advance information to be given to the consumer. The consumer must also be provided with a withdrawal form, The seller must inform the consumer of his/her right of withdrawal and the conditions, time limit and procedures for exercising this right as a part of the advance information to be given to the consumer. The consumer must also be provided with a withdrawal form, [Advance Information to Consumers]⁠. If the seller fails to provide the consumer with the required information, it will affect the period of withdrawal and the liability distribution between the seller and the consumer.

In door-to-door and distance selling, the consumer can withdraw from the purchase by notifying the seller of his/her decision. For this purpose, the consumer may either use the withdrawal form given by the seller or make a statement on another durable medium. Merely returning the goods does not count as withdrawing from the purchase.

The notice of withdrawal must be made within 14 days from the day on which the consumer has received the goods. However, if the seller has not provided the consumer with the information on the right of withdrawal as required, the withdrawal period shall expire 12 months from the end of the initial withdrawal period. If the seller provides the consumer with the information within the extended withdrawal period, the right of withdrawal shall expire 14 days after the day upon which the consumer receives that information.

The consumer must return the goods without undue delay and in any event not later than 14 days from the day on which he/she notified the seller of his/her decision to withdraw from the contract. The seller must reimburse all payments received from the consumer within the same period. However, the seller may withhold the reimbursement until he/she has received the goods back, or until the consumer has supplied evidence of having sent back the goods.

The consumer is responsible for the direct cost of returning the goods unless the seller has agreed to bear them. However, the consumer cannot be required to pay the costs of returning the goods if the seller has failed to inform the consumer of the possibility of these costs.

The consumer must keep the goods in the same condition in which he/she received them. If the consumer withdraws from the purchase only after he/she has already started using the goods he/she shall be liable for any diminished value of the goods. The consumer’s customary inspection of the goods shall not be construed as using the goods. If the seller has failed to inform about the right of withdrawal the consumer shall not be liable for diminished value of the goods.

The consumer’s right of withdrawal applies to a majority of goods. However, no statutory right of withdrawal applies to, among others, the following goods:

  • goods made to the consumer’s specifications or clearly personalized;

  • goods that by their nature spoil or age rapidly;

  • sealed goods which are not suitable for return due to health protection or hygiene reasons and which were unsealed after delivery;

  • a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications; and

  • service contracts after the service has been fully performed.

In   door-to-door sales, the consumer has a 14-day right of withdrawal if the contract has been concluded during a home visit made by the trader without the consumer's request. This also applies to goods that are tailored to the customer's needs. The right of withdrawal does not apply to a contract concluded during a home visit which the consumer has requested explicitly on his or her own initiative. 

The consumer loses the right of withdrawal if the consumer has expressly requested and accepted that he or she no longer has the right of withdrawal once the contract has been performed in full. The request must be made in a permanent manner.

In addition, if the trader does not inform the consumer before  concluding  the contract, in writing in paper format or in other permanent way about the right of withdrawal or of the circumstances in which the right of withdrawal may be lost, the consumer’s right of withdrawal is prolonged to 12 months.