Off-premises contract is a contrac concluded in the simultaneous physical presence of the trader and the consumer, in a place which is not the business premises of the trader
Off-premises contract are contracts typically concluded contract is a contrac concluded in:
- Spaces accessible to the public, such as streets, shopping malls, beaches, sports facilities and public transport, which the trader uses on an exceptional basis for his business activities ,
- Private homes or workplaces should not be regarded as business premises,
- Contracts concluded after addressing the consumer outside the business premises,
- Contracts concluded during an excursion organised by the trader – it doesn’t matter whether the consumer is informed beforehand about the intended sale of products during the excursion.
Calculation of the Cooling off period period
For off-premises contracts, the consumer has the right to a cooling off period of at least 14 days from delivery, unless the item has been specifically designed/customised or specific options and accessories have been integrated.
The day from which the 14-day right of withdrawal period is calculated depends on whether the contract is a sales contract, a service contract or a contract for the supply of public utilities.
Normally there are two days:
- the day of the conclusion of the contract,
- the day of taking physical possession of goods (delivery),
Where a period expressed in days is to be calculated from the moment at which an event occurs or an action takes place. The day during which that event occurs or that action takes place should not be considered as falling within the period.
For example, if the goods are delivered or the service contract is concluded on January 1st, the last day to exercise the right of withdrawal should be March 15th.
If the credit/loan contract is linked to the purchase contract (e.g. in the credit/loan contract it is stated that the credit/loan serves to pay for the item) and if the consumer can withdraw from the purchase due to consumer protection or other provisions (legal guarantee, misdirection), the consumer is no longer bound by the credit/loan contract.
Exercise of the right of withdrawal
You can withdraw from the contract by either using the model withdrawal form or making any other unequivocal statement. You should also keep a copy of the sent e-mail or of the receipt for registered post.
Accordingly, it not possible to withdraw from the contract by simply returning the goods without any explicit statement to this effect. Refusing delivery or not picking the goods up at the post office would not as such count as valid expressions of withdrawal.
Reimbursement of the payments
Trader should carry out the reimbursement without undue delay and by no later than 14 days from the day when received your decision to withdraw from the contract. However trader can withhold the reimbursement beyond this deadline until he has either received the goods or at least evidence has been supplied by the consumer that the goods have been sent back.