online purchases that cannot be returned

online purchases that cannot be returned
Right of withdrawal and online purchases that cannot be returned

One of the quintessential times of the year for online shopping is approaching, with Black Friday and Christmas. The volume of business of electronic commerce within Spain does not stop growing. Almost any product is now purchased over the Internet, from the most advanced technology to articles of daily use and, also, more and more fresh and food products.

Internet users who are encouraged to make online purchases in stores based in Spain or an EU member country are protected by the right of withdrawal. A right that, as we explained in detail in the article on this blog "5 things you should know about the right of withdrawal", grants the consumer the power to terminate a contract entered into at a distance within 14 calendar days and without the need to allege any cause for it. In practice, this translates into the right to return online purchases, although consumers should be attentive to the type of item or service on which they want to exercise this right, because yes, there are online purchases that cannot be returned or recoveredthat is, there are exceptions to this right of withdrawal.

Índice
  1. Exceptions to the right of withdrawal
  2. In the rest of the contracts concluded at a distance, the right of withdrawal applies and they can be returned
  3. Do you need legal advice for problems with an online purchase?

Exceptions to the right of withdrawal

As we have indicated, there are exceptions when exercising the right of withdrawal in distance purchases. Specifically, Article 103 of the General Law for the Defense of Consumers and Users includes these exceptions to the right of withdrawal. The most prominent are:

  • The right of withdrawal It will not be applicable to contracts for the acquisition of articles that are made to measurethat is, according to the specifications and customizations set by the consumer. For example, a shirt purchased remotely but made to measure for the consumer or, for example, photo album or items such as breakfast mugs purchased with the screen printing sent by the user himself.
  • Nor will the right of withdrawal be applicable to contracts of acquisition of goods that have a very short expiration date or that can deteriorate quickly.
  • Since May 2022, it is stated that the provision of services, once the service has been fully executed, and if the contract imposes a payment obligation on the consumer or user, when the execution has begun, with the prior express consent of the consumer or user and with the knowledge on his part that, once the employer has fully executed the contract, he will have lost his right of withdrawal. (For example, the online contracting of reforms at home).
  • When the price depends on fluctuations in the financial market that the entrepreneur cannot control and that may occur during the withdrawal period. This exception applies, among others, to investment products offered by digital platforms.
  • In the contracts for the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and that have been unsealed after delivery. This exception, however, has been moderated by our Courts upon detecting that bad practices were taking place on the part of the companies, by unsealing the belongings themselves (sofas and mattresses above all) to prevent this right.
  • In those cases in which after its delivery and taking into account its nature have been mixed inseparably with other goods.
  • The supply of alcoholic beverages whose price has been agreed at the time of entering into the sales contract and which cannot be delivered before 30 daysand whose real value depends on market fluctuations that the entrepreneur cannot control.
  • Contracts in which the consumer and user has specifically requested the employer to visit him to carry out urgent repair or maintenance operations; but if during that visit, the entrepreneur provides additional services to those specifically requested by the consumer or supplies goods other than the spare parts used necessarily to carry out maintenance or repair operations, the right of withdrawal must apply to said additional services or goods .
  • The supply of sealed sound or video recordings or sealed computer programs that have been unsealed by the consumer and user after delivery.
  • Another exception to the right of withdrawal occurs in contracts for the supply of daily press, periodicals or magazineswith the exception of subscription contracts for the supply of such publications.
  • Contracts entered into through public auctions.
  • contracts of accommodation services for purposes other than housing, transportation of goods, vehicle rental, food or services related to leisure activities, if the contracts provide for a specific date or period of performance.
  • The supply of digital content that is not provided on a material support when the execution has begun with the prior express consent of the consumer and user with the knowledge on his part that consequently he loses his right of withdrawal. In May 2022, this last point is modified and will remain as follows: The supply of digital content that is not provided on a material support when the execution has begun and, if the contract imposes a payment obligation on the consumer or user, when the following conditions are met:

1. The consumer or user has given their prior consent to start the execution during the period of the right of withdrawal.

2. The consumer or user has expressed their knowledge that, consequently, they lose their right of withdrawal; Y

3rd The employer has provided a confirmation in accordance with article 98.7 or article 99.2.

These exceptions do not mean that the contract cannot be terminated if the product or service is not in accordance with what was initially contracted, remembering that the product warranty extends for two years (one if second-hand). , so in these cases you can claim the change for another or the money back.

You are interested: the problems of electronic commerce and how to claim

In the rest of the contracts concluded at a distance, the right of withdrawal applies and they can be returned

In online purchases that are not within these exceptions, the user will have the right to exercise their right of withdrawal within a period that cannot be less than 14 calendar days, either from the receipt of the good or from the beginning of the contract in if this is to provide services.

and we say that It cannot be less than 14 calendar days because it is the minimum required by current legal regulations, but companies can extend this period in which the right of withdrawal can be exercised and always maintaining the same consumer rights.

In addition, if this right is not warned on the website, these 14 days automatically become 12 months.

In line with this, it must also be taken into account that online purchases have a specific regulation regarding the obligations of information to the consumer. And it does not only affect the right of withdrawal. You also need:

  • Be warned of the shipping costs, if they are included or not and their cost.
  • The identification data of the seller.
  • The delivery time, as for the latter, if omitted, will be 30 days.

If you need to receive legal advice for problems with your online purchases, either because they do not let you exercise your right of withdrawal, for purchases that do not arrive or arrive in poor condition and you want to know what your rights are, you can request a video consultation with our lawyers.

If you want expert legal advice, request your video consultation with reclamador.es.

If you found this article about online purchases without the right of withdrawal interesting, share it on your social networks.

Leave a Reply

Your email address will not be published. Required fields are marked *

Go up